Patna High Court
Bhutali Rai @ Sanjeet Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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