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Patna High Court

Sunil RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                 ======================================================
                 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
                                            2/3




          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
                                                      3/3




                    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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