Patna High Court
Jamadar Rai @ Jamadaar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Jamadar Rai, sought anticipatory bail in a case involving the alleged recovery of four litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered and the petitioner was implicated, while the petitioner claimed innocence and asserted that nothing was found in his conscious possession. The State opposed bail, highlighting the petitioner’s two pending criminal cases as an adverse factor. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. The court directed the petitioner to surrender to the trial court within six weeks, where his surrender‑cum‑bail application would be decided on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the alleged illicit liquor offence and his pending criminal antecedents.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- surrender
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21901 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- NAYAGAON District- Saran
======================================================
Jamadar Rai @ Jamadaar Rai S/o- Mahesh Rai Resident of- Bariyar Chak,
P.S.- Nayagyon, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar Singh, Advocate
Mr. Vishesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Nayagaon P.S. Case No. 46 of 2026, dated 08.02.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of 2 nd
Exclusive Special Excise Judge, Saran at Chapra.
3. As per the prosecution, total recovery of 04 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
conscious possession of the petitioner. Counsel also submits that
Patna High Court CR. MISC. No.21901 of 2026(2) dt.08-04-2026
2/2
the criminal antecedent of the petitioner is not clean, as two
criminal cases are pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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