Patna High Court
Rahul RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Rahul Rai, sought anticipatory bail after learning that he may be arrested in connection with a case involving the alleged recovery of 42.300 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution alleged his involvement based on statements of arrested co‑accused, while the petitioner claimed innocence but disclosed eight prior criminal convictions. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s antecedents. The Court, considering the nature of the allegation and the petitioner’s criminal record, declined to grant anticipatory bail. The application was dismissed, and the petitioner was ordered to surrender within two weeks and apply for regular bail. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence and his criminal antecedents.
Legislation cited
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38093 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- Bahoranpur District- Bhojpur
======================================================
Rahul Rai Son of Nagendra Rai Resident of Village- Suremanpur, P.S.-
Bahoranpur, District- Bhojpur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bahoronpur P.S. Case No. 25 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. As per the prosecution case, there is total
recovery of 42.300 litres of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The name of the petitioner has come during investigation, as the
arrested persons have named the petitioner. The petitioner has
eight criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No. 38093 of 2026(2) dt.16-06-2026
2/2
6. Considering the nature of allegation and criminal
antecedent, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application is dismissed.
8. The petitioner is directed to surrender before the
court below within a period of two weeks from today and pray
for regular bail.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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