Patna High Court
Birendra Rai @ Virendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted in the present case, subject to stringent conditions to ensure the petitioner's compliance and to safeguard the investigation.
Summary
The petitioner, Birendra Rai, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for possession of about 10 litres of illicit Nepali liquor allegedly recovered from a shop he claims he does not own. He asserted a clean antecedent and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a deposit of Rs.25,000 to Ramakrishna Math, verification of the receipt and the petitioner's clean antecedent, and mandatory attendance at the police station on specified Sundays. The order also clarified that the bail order is limited to the bail application and does not prejudice the merits of the trial. The bail may be cancelled upon default in appearance.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's claim of non‑ownership of the shop and clean antecedent justifies the grant of bail.
- What conditions may be imposed while granting anticipatory bail in such offences.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 438 CrPC
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38247 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Bathnaha District- Araria
======================================================
Birendra Rai @ Virendra Ray S/o- Harilal Ray R/o Village- Gauraha Ward No
13 Sahwajpur Bhadreshwar P.S-Bathnaha District - Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Madhav Jha, Advocate
For the Opposite Party : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Bathnaha P.S. Case No.52 of 2026 registered
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. About 10 liters of illicit Nepali liquor has
been recovered from a shop, which is said to have owned by the
petitioner.
4. Learned counsel for the petitioner submits
that the petitioner is not the owner of the shop and he has falsely
been implicated in this case. He further submits that the
petitioner has clean antecedent.
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
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some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
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 Judge, Excise- 1 st ,
Araria / concerned Court below, in connection with Bathnaha
P.S. Case No.52 of 2026, subject to the conditions as laid down
under section 438(2) of the Code of Criminal Procedure /
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
Ramakrishna Math, Bhatta Bazar, Purnea, and produce the
receipt of the same before the Court below at the time of
furnishing bail bonds. The bail bonds of the petitioner shall only
be accepted after verifying the genuineness of the receipt
produced by him.
9. Further, at the time of accepting the bail
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bonds of the petitioner, the Court below shall verify the
statement of the petitioner that he has clean antecedent. The bail
bonds of the petitioner shall only be accepted if it is found that
he has clean antecedent.
10. The petitioner shall also mark his attendance
at Bathnaha Police Station, District- Araria on first and third
Sunday of the month. Any default in appearance at the Police
Station would result in cancellation of bail bonds of the
petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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