Patna High Court
Andesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties, and conditions of trial cooperation and non‑tampering with evidence.
Summary
Andesh Rai was arrested on 30 March 2026 in connection with an excise case involving the seizure of 2,000 litres of country‑made liquor from a boat. He is charged under Sections 30(a), 41, 45 and 56(b) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2018). The petitioner, claiming a clean antecedent, sought bail while co‑accused had already been released on bail in related matters. The State opposed the bail application. The Court considered the facts, the nature of the offence, and the petitioner’s lack of prior convictions, and ordered that bail be granted on a bond of Rs 10,000 with two sureties and specific conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge Excise‑III, Patna.
Issues considered
- What is the appropriateness of granting bail to the petitioner charged under the Bihar Prohibition and Excise Act for possession of large quantities of illicit liquor?
- Does the petitioner’s clean antecedent and the bail granted to co‑accused affect the decision on bail?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 45, 56(b)
- Bihar Prohibition and Excise (Amendment) Act, 2018
Subjects
- bail
- excise law
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37297 of 2026
Arising Out of PS. Case No.-1998 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Andesh Rai S/O Ravindra Rai @ Ravindra Ray R/O Village - Madhuha, P.S -
Raghopur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Jay Ram Prasad, learned counsel for the
petitioner and Mr. Rajendra Nath Jha, the learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
30.03.2026 in connection with Excise P.S. Case No. 1998 of
2026, F.I.R. dated 29.03.2026 registered for the offence
punishable under Section 30(a), 41, 45, 56(b) of the Bihar
Prohibition and Excise Act-2016 and Amendment Act-2018.
3. Recovery is of 2000 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that the recovery has been
made from the boat in question and altogether 2000 liters of
country made liquor was recovered from the boat in question
Patna High Court CR. MISC. No. 37297 of 2026(2) dt.16-06-2026
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and altogether ten persons have been made accused in the
present case and co-accused persons, namely, Vishal Kumar and
another have been granted bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 14.05.2026 passed in Cr. Misc.
No. 33332 of 2026 and co-accused persons, namely, Lalu
Kumar and others have been granted bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 19.05.2026 passed
in Cr. Misc. No. 33588 of 2026 respectively and the petitioner is
in custody since 30.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, 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 learned Special Judge Excise-III,
Patna in connection with Excise P.S. Case No. 1998 of 2026,
with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No. 37297 of 2026(2) dt.16-06-2026
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(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)
Nitesh/-
U T
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