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Patna High Court

Bhutali Rai @ Sanjeet Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

Bhutali Rai applied for anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, fearing arrest in a case involving the alleged unloading of 100 litres of illicit liquor from a motorcycle outside his house. The prosecution’s case is based on the statement of a co‑accused who was caught at the scene and identified Rai as one of the two who escaped. Rai contended that no liquor or any incriminating article was found in his possession, he was not present at the place of recovery, and the only evidence against him is the co‑accused’s statement, alleging false implication due to his past antecedents. The State opposed the bail, highlighting Rai’s prior convictions and his involvement in four other cases under the same Act. After hearing the State’s counsel and reviewing the petition, the Court found the material against Rai sufficient to deny anticipatory bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted when the only evidence is a co‑accused’s statement and the petitioner has prior antecedents under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • excise
  • co‑accused testimony
  • prior convictions
  • section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31152 of 2026
                   Arising Out of PS. Case No.-166 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Bhutali Rai @ Sanjeet Kumar Rai S/o Late Meghan Rai R/o Village -
                 Dharhara Paura Madan Singh, P.S - Kajipur, District - Vaishali


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                    ORAL ORDER

2   13-05-2026                   No one appears for the petitioner. Learned APP for the

                   State is present.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Hajipur Sadar (Kajipur) P.S. Case no.166 of 2026

                   registered under section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016.

                                 3. As per the prosecution case, the informant states

                   that seeing the police personnel, three accused persons who

                   were unloading liquor from a motorcycle parked outside the

                   house of the petitioner made an attempt to escape but one of
Patna High Court CR. MISC. No.31152 of 2026(2) dt.13-05-2026
                                            2/3




          them was caught. The person who was caught disclosed the

          name of the other two persons who had managed to escape and

          which included the petitioner herein. 100 litres of illicit liquor

          was recovered.

                       4. It is the case of the petitioner that no incriminating

          article has been recovered from the petitioner’s possession who

          was not caught at the place of occurrence. The petitioner has no

          concern with the seized liquor nor with the vehicle from which

          it was allegedly recovered. The only material against the

          petitioner is the statement of a co-accused made before police

          and that the alleged recovery has taken place in front of the

          house of this petitioner. The cause of false implication is the

          antecedents of the petitioner.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P for the State who submits that the allegation is of

          recovery of 100 liters of country liquor in front of the house of

          the petitioner who is accused in as many as four cases from

          before.

                       6. Having heard learned APP for the State and having

          perused the contents of the petition, taking into consideration

          the allegation in the F.I.R. of recovery of 100 litres of country

          liquor in front of the house of the petitioner who managed to
           Patna High Court CR. MISC. No.31152 of 2026(2) dt.13-05-2026
                                                       3/3




                     escape together with the petitioner having several antecedents

                     under the Bihar Prohibition and Excise Act, 2016, the Court is

                     not inclined to enlarge the petitioner on anticipatory bail and the

                     application is rejected.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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