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Patna High Court

Andesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                                      (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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