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Patna High Court

Brajesh RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied.

Summary

Brajesh Rai applied for pre‑arrest bail in a case (PS‑Rajepur Case No. 24 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act. The police had seized a large quantity of foreign liquor from a truck, a Bolero and a motorcycle, and the petitioner was already involved in four similar prosecutions under the same Act. The court examined whether the seriousness of the offence and the petitioner’s repeat involvement warranted bail before arrest. Considering the magnitude of the seizure and the petitioner’s prior cases, the judge was not persuaded to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the large seizure and his prior similar offences

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • foreign liquor seizure
  • repeat offender
  • bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25073 of 2026
                    Arising Out of PS. Case No.-24 Year-2026 Thana- RAJEPUR District- East Champaran
                  ======================================================
                  Brajesh Rai S/o- Chulahai Rai @ Chulhai Ray R/v- Fajilpur Ps- Rajepur Dist-
                  East Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate.
                  For the Opposite Party/s :       Mr.Bishweshwar Ram, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    22-04-2026                     Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Rajepur P.S. Case No. 24 of 2026 registered for the offence

                    punishable under Section 30(a) of the Bihar Prohibition and

                    Excise Act.

                                 3. Considering the huge quantity of foreign liquor

                    recovered from a truck, Bolero vehicle and a motorcycle, and

                    involvement of the petitioner in four criminal cases of similar

                    nature under Bihar Prohibition and Excise Act, I am not inclined

                    to enlarge the petitioner on pre-arrest bail.

                                 4. The bail application stands disposed of.


                                                                (Purnendu Singh, J)

mantreshwar/-

U


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