Patna High Court
Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the petitioner’s unclean antecedents and the nature of the alleged offence warranted refusal of bail.
Summary
The petitioner, Sunil Rai, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 16.60 litres of illicit liquor were recovered. The prosecution alleged his involvement, while the petitioner claimed innocence, stating that his name was supplied by a co‑accused and no incriminating article was found on him. The petitioner’s counsel highlighted that he has three pending criminal cases, two of which also relate to the Prohibition and Excise Act, and asserted his willingness to comply with any conditions. The State opposed bail, emphasizing the petitioner’s unclean antecedents and the seriousness of the offence. The Court, after considering the facts and the petitioner’s criminal record, declined to grant anticipatory bail. It directed that if the petitioner surrenders within six weeks, the trial court must decide his bail application on the merits without prejudice.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- prohibition and excise
- illicit liquor
- criminal antecedents
- bail denial
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36048 of 2026
Arising Out of PS. Case No.-246 Year-2026 Thana- DARIYAPUR District- Saran
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Sunil Rai Son of Late Yogendra Ray Resident Of Village -Barway Police
Station -Dariyapur District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Dariyapur P.S. Case No. 246 of 2026 dated 19.03.2026
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of Additional
Sessions Judge-cum-Exclusive Special Judge, Excise Act-I,
Saran, Chapra.
4. As per the prosecution, total recovery of 16.60 litres
of illicit liquor has been made, which is the subject matter of the
present case.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36048 of 2026(2) dt.01-06-2026
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petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner’s name was disclosed by the
co-accused, namely, Ashok Nat. Counsel further submits that
no incriminating article was recovered from the petitioner’s
possession. Counsel further submits that the criminal antecedent
of the petitioner is not clean, as there are three criminal cases
pending against him. Counsel also that the petitioner is ready to
fulfil all the conditions whatsoever may be imposed upon him.
6. Learned A.P.P. for the State vehemently opposes the
prayer for bail of the petitioner and submits that there are three
criminal case pending against the petitioner, out of which two
cases are related to Bihar Prohibition and Excise (Amendment)
Act.
7. Considering the facts and circumstances of the
present case, particularly that his antecedents are not clean, this
Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
8. Liberty is hereby granted to the petitioner that if he
surrenders within six weeks, the Trial Court is directed to pass
order on his surrender-cum-bail application on the same day
without being prejudiced by the fact that the anticipatory bail
Patna High Court CR. MISC. No.36048 of 2026(2) dt.01-06-2026
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application of the petitioner has been rejected by this Court, and
the Trial Court shall pass an order on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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