Patna High Court

Pradeep Rai @ Pradip KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The court denied bail to the petitioner.

Summary

Petitioner Pradeep Rai was implicated in a case involving the recovery of 800 litres of illicit liquor, charged under sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for bail, contending that he had no physical possession of the liquor and that his name appeared only through a co‑accused’s confessional statement, and noting that he had previously been granted bail in four other criminal matters. The State opposed bail, highlighting his prior criminal record, including three cases under the Excise Act. The Patna High Court, after hearing both sides, refused to grant bail, directing that the petitioner surrender within four weeks for the trial court to consider a surrender‑cum‑bail application. The order emphasizes that the bail denial is not prejudicial to any future surrender‑cum‑bail proceedings.

Issues considered

Whether bail should be granted to the petitioner despite lack of physical possession and reliance on a co‑accused’s confession.
Whether the petitioner’s prior criminal record, especially under the Excise Act, warrants denial of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 304(2), 336(3), 338

Subjects

bail
anticipatory bail
illicit liquor
excise law
criminal procedure
confessional statement
prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26896 of 2026

                     Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Pradeep Rai @ Pradip Kumar son of Birendra Ray Resident of Village-
                 Bhualpur, Ps- Marhowrah, Dist- Saran at Chapra


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN


                                                 ORAL ORDER


2   22-04-2026                   Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is apprehending arrest in connection

                   with Marhowrah P.S. Case No. 217 of 2026 registered on

                   13.03.2026 for the offences punishable under Sections 338,

                   336(3), 304(2) of the B.N.S., 2023 and Sections 30(a), 41(1),

                   33, 34 of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                 3. As per prosecution, total recovery of 800 liters

                   illicit liquor is the subject matter of the present case.
Patna High Court CR. MISC. No.26896 of 2026(2) dt.22-04-2026
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                       4. It is submitted by the learned counsel for the

          petitioner that the petitioner is innocent and has committed no

          offence. Nothing has been recovered from the conscious

          physical possession of the petitioner, the name of petitioner has

          come in the present case only on the ground of confessional

          statement of co-accused. The petitioner has no concern either

          with the alleged liquor or with the Scorpio from which the

          alleged recovery was made. Though the petitioner is accused in

          four more criminal cases, but in all the cases he has been

          granted bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the antecedent of the

          petitioner is not clean as he is accused in four more criminal

          cases and out of four, three cases are under Excise Act.

                       6. In this background, this Court is not inclined to

          grant bail to the petitioner. Accordingly, the prayer for bail of

          the petitioner in connection with the aforesaid case, pending

          before the learned Exclusive Special Excise Judge-2, Saran at

          Chapra is hereby rejected.

                       7. However, if the petitioner surrenders before the

          learned Trial Court within a period of four weeks from today,

          the Trial Court is directed to consider and pass an order on his
            Patna High Court CR. MISC. No.26896 of 2026(2) dt.22-04-2026
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                      surrender-cum-bail application on the same day, in accordance

                      with law without being prejudiced by the rejection of the

                      petitioner’s anticipatory bail by this Court.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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