Patna High Court
Bhograj Rai @ Bhograj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bhograj Rai, sought anticipatory bail fearing arrest in a case (Kalyanpur PS Case No. 114 of 2026) involving the alleged seizure of 120 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, while the petitioner claimed innocence despite having four prior criminal antecedents. The State opposed the bail, arguing the seriousness of the offence. The Court examined the applicability of Section 438(2) of the CrPC and Section 482 of the BNSS for granting anticipatory bail. Finding no compelling reason to deny bail, the Court allowed the application, imposing a bail bond of Rs.10,000 with two sureties, a deposit of Rs.25,000 to a charitable institution, and regular police attendance. The order is subject to cancellation if the petitioner defaults on the conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in a case of alleged illegal liquor possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- section 30(a)
- Bihar Prohibition and Excise Act
- section 438 CrPC
- section 482 BNSS
- illegal liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38207 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- KALYANPUR District- East Champaran
======================================================
Bhograj Rai @ Bhograj Yadav Son of Sudama Rai Resident of Village- Siswa
Kharar, Police Station-Kalyanpur, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Kalyanpur P.S. Case No. 114 of 2026 registered
for the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
total 120 litres of country-made liquor from an open space.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has four criminal
antecedents.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.38207 of 2026(2) dt.16-06-2026
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6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Exclusive
Special Excise Court No. 3, East Champaran at Motihari/
concerned Court below in connection with Kalyanpur P.S. Case
No. 114 of 2026, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
9. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Kalyanpur Police Station, District- East Champaran at Motihari
Patna High Court CR. MISC. No.38207 of 2026(2) dt.16-06-2026
3/3
on all Sundays of every month. Any default in appearance at the
Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
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