Patna High Court
Anil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond of Rs 10,000 and specified conditions.
Summary
Anil Rai was arrested on 3 May 2026 in connection with a 2021 case involving the alleged possession of 100 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 47 of the Excise Act. The seizure was made from a co‑accused, Jai Ram Kumar, and not from Rai’s conscious possession. Rai’s counsel argued that the FIR was fabricated and that no material linked Rai to the contraband. The State opposed bail, noting Rai’s involvement in three other cases, though he was already on bail in those matters. The court, after considering the lack of direct evidence against Rai, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in an offence under the Bihar Prohibition and Excise Act, 2016 and the Excise Act where the seized contraband was not found in his possession.
- Whether the allegations in the FIR constitute sufficient ground to deny bail in the absence of direct evidence against the petitioner.
- Whether the petitioner’s involvement in other pending cases should affect the grant of bail in the present matter.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Excise Act — s. 47
Subjects
- bail
- illicit liquor
- prohibition
- excise
- Section 30(a)
- Section 47
- Bihar
- co‑accused
- fabricated FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39892 of 2026
Arising Out of PS. Case No.-555 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Anil Rai S/o Raj Kumar Ray R/o Vill- Sandha, Post- Sutihar, P.S.- Muffasil,
Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai,Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Sachida Nand Rai,learned counsel for the
petitioner and Mr.Rana Randhir Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
03.05.2026 in connection with Muffasil P.S. Case No. 555 of
2021, F.I.R. dated 25.10.2021 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2016 and 47 Excise Act.
3. Recovery is of 100 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from
possession of co-accused person, namely, Jai Ram Kumar and
Patna High Court CR. MISC. No.39892 of 2026(2) dt.23-06-2026
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he has disclosed that he has purchased the same from the
petitioner. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR
and except the disclosure made by the apprehended co-accused
person, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and the petitioner is in custody since
03.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one but he fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
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 1 st Exclusive Special Excise
Court, Saran at Chapra in connection with Muffasil P.S. Case
No. 555 of 2021, 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
Patna High Court CR. MISC. No.39892 of 2026(2) dt.23-06-2026
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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.
(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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