Patna High Court
Anshu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Anshu Rai was arrested on 27 February 2026 in connection with the seizure of 909 litres of Nepali country-made liquor, alleged to be offences under Sections 274 and 275 read with Section 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was not in possession of the liquor and that his name appeared only through the co‑accused Shambhu Kumar Ram, who had earlier been granted bail. He argued that the investigation failed to comply with Section 100 of the Criminal Procedure Code and Section 103 of the BNSA. The State opposed bail, citing two prior criminal antecedents. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner for offences under the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act.
- Whether the investigation complied with the procedural requirements of Section 100 Cr.P.C. and Section 103 BNSA.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 100
Subjects
- bail
- narcotic offences
- excise
- seizure
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34115 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Anshu Rai S/o Devjee Rai @ Devaji Ray R/o Village - Bhaptiyahi, P.S.-
Narhiya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-05-2026 Heard Mr. Jitendra Kumar Bharti, learned counsel
for the petitioner and Mr. Khurshid Anwar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.02.2026 in connection with Ghoghardiha P.S. Case No.
190/2025 dated 14.12.2025 corresponding to G.R. No. 773/2025
for the offences punishable under Section 274 and 275 read with
Section 3(5) of the B.N.S. and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Recovery is of 909 liters of Nepali country-made
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.34115 of 2026(2) dt.15-05-2026
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present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from orchard. The name of the petitioner has come
up in the present case in the disclosure made by the co-accused
person, namely, Shambhu Kumar Ram who has been granted
bail by this Hon’ble Court vide order dated 07.04.2026 passed
in Cr. Misc. No. 22635/2026. He further submits that there is
non-compliance of Section 100 of Cr.P.C/103 of BNSS. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 27.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents but
fairly submits on the basis of paragraph-3 of the bail application
that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise, Jhanjharpur, Madhubani in connection
with Ghoghardiha P.S. Case No. 190/2025 dated 14.12.2025
Patna High Court CR. MISC. No.34115 of 2026(2) dt.15-05-2026
3/3
corresponding to G.R. No. 773/2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
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