Patna High Court

Satyendra Rai @ Satyendra Kumar YadavversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Satyendra Rai, sought anticipatory bail fearing arrest in a case (PS Case No. 210/2025) concerning the alleged recovery of 790.8 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was found in gunny bags on bicycles, but no incriminating article was seized from the petitioner’s possession. The petitioner argued that he had no connection with the vehicle or the liquor and that, prima facie, no case existed against him, though he has three prior similar criminal antecedents. The State opposed the bail, and the court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, as well as the petitioner’s criminal history. Consequently, the court denied anticipatory bail, directing that if the petitioner surrenders within six weeks and applies for regular bail, the application will be considered on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of anticipatory bail.
Whether the petitioner’s prior criminal antecedents justify refusal of anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
bail
criminal antecedents
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2522 of 2026
                     Arising Out of PS. Case No.-210 Year-2025 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Satyendra Rai @ Satyendra Kumar Yadav S/o Jamun Rai Resident of Village-
                 Masaha Alam, P.S.- Bairgania, District- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Bairgania P.S. Case No. 210/2025 instituted for the

                   offences under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 790.8

                   litres of liquor was recovered from 22 gunny bag loaded on six

                   bicycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
             Patna High Court CR. MISC. No.2522 of 2026(2) dt.30-01-2026
                                                         2/2




                       that petitioner is in no manner connected with the vehicle in

                       question or with the alleged recovery of liquor. The petitioner

                       has got no concern with the alleged recovery of liquor. Learned

                       counsel, therefore, submitted that prima-facie, no case is made

                       out against the petitioner. The petitioner has three criminal

                       antecedents. There is no compliance of Section 103 of the

                       Bharatiya Nagarika Suraksha Sanhita, 2023.

                                   5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case as also the petitioner has three criminal antecedents

                       of similar nature, this Court is not inclined to grant anticipatory

                       bail to the petitioner.

                                    7. Accordingly, the prayer for grant of anticipatory

                       bail to the petitioner is, hereby, rejected.

                                    8. However, if the petitioner surrenders before the

                       learned court below within a period of six weeks from today and

                       prays for regular bail, the same shall be disposed of on its own

                       merit without being prejudiced by this order.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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