Created by Fuzzy Cloud

Patna High Court

Rahul RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.