Patna High Court

Nagendra RaiversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Nagendra Rai, sought anticipatory bail after being implicated in PS Dariyapur Case No. 85 of 2026 for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that 30 litres of country‑made liquor and 1,000 litres of unfinished liquor were recovered from the spot, but no incriminating material was found in the petitioner’s possession. The petitioner’s counsel argued that he was only a suspect and had no direct evidence against him. The State opposed bail, highlighting two prior convictions of a similar nature. Considering the large quantity of liquor seized and the petitioner’s criminal antecedents, the Court refused the prayer for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case involving alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act.

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
liquor seizure
criminal antecedents
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26822 of 2026
                       Arising Out of PS. Case No.-85 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Nagendra Rai S/o Nandu Rai R/o Village - Parsauna, Post and P.S. - Parsa,
                 Dist. - Saran at Chapra, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravikant, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Dariyapur P. S. Case

                   No. 85 of 2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, total 30 liters country

                   made liquor and 1000 liters of unfinished liquor was recovered

                   from the spot.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that the petitioner has got two criminal

                   antecedents of similar nature.
              Patna High Court CR. MISC. No.26822 of 2026(2) dt.29-04-2026
                                                          2/2




                                     6. Considering the huge quantity of recovery and

                        criminal antecedents of similar nature, prayer for anticipatory

                        bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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