Patna High Court

Raj Kumar RaiversusThe State of Bihar

Decided: 13 May 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The court denied pre‑arrest bail, holding that the seriousness of the allegations and the petitioner’s pending cases warranted refusal.

Summary

The petitioner, Raj Kumar Rai, applied for pre‑arrest bail in a case registered under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. The application was heard before Justice Purnendu Singh of the Patna High Court. The court examined the nature of the allegations in the FIR and noted that the petitioner had several pending criminal cases of a similar nature. Considering the seriousness of the offences and the petitioner’s criminal history, the court was not inclined to grant bail. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

What is the appropriate discretion of the court in granting or refusing pre‑arrest bail in cases involving offences under the BNS and the Bihar Prohibition and Excise Act?
Does the petitioner’s prior criminal record and the nature of the allegations justify denial of pre‑arrest bail?

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)
BNS — s. 274, 275, 3(5)

Subjects

pre‑arrest bail
criminal procedure
narcotic offences
prohibition act
bail jurisprudence
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30220 of 2026

                  Arising Out of PS. Case No.-1 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Raj Kumar Rai, S/O Birendra Rai, Resident of Village- Shankar Saraiya
                 Parsauna, P.S- Turkauliya, 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. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-05-2026                          Heard Mr. Abhishek Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Parmanand Prasad,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Turkauliya P.S. Case No. 01 of 2026 registered for the

                   offence punishable under Sections 274, 275, 3(5) of the BNS

                   and Section 30 (a) of the Bihar Prohibition and Excise Act as

                   amended up-to-date.

                                 3. Considering the nature of allegation made in the

                   FIR and the number of criminal cases of similar nature pending

                   against the petitioner, I am not inclined to enlarge the petitioner

                   on pre-arrest bail.
              Patna High Court CR. MISC. No.30220 of 2026(2) dt.13-05-2026
                                                          2/2




                                     4. Accordingly, the present application stands

                        rejected.



                                                  (Purnendu Singh, J)
Niraj/-

U         T

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