Patna High Court
Nawal Kishore Rai @ Naval Ray @ Naval Kishor RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail to the petitioner.
Summary
The petitioner, Nawal Kishore Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 425.73 litres of English liquor were recovered from a vehicle in which he was seated. He applied for regular bail, claiming false implication, while acknowledging four prior criminal cases, three of which relate to the Excise Act, and has been in custody since 29‑05‑2026. The State, represented by an Additional Public Prosecutor, opposed the bail on grounds of the large seizure and the petitioner’s antecedents. The Court, considering the seriousness of the offence and the petitioner’s criminal history, declined to grant bail. The application was dismissed, though the petitioner was permitted to file a fresh bail application if the trial is delayed by the prosecution.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the magnitude of the seizure and his prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise offence
- prohibition law
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43289 of 2026
Arising Out of PS. Case No.-243 Year-2026 Thana- MINAPUR District- Muzaffarpur
======================================================
Nawal Kishore Rai @ Naval Ray @ Naval Kishor Ray Son of Ram Sohag
Rai R/o Village- Dubaha, P.S.- Minapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Minapur P.S. Case No. 243/2026 registered for the offences
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 425.73 liters of
English liquor has been recovered from a pick-up vehicle in
which the petitioner was found sitting.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has four criminal antecedents out
of which three cases are of Excise Act and he is in custody since
29.05.2026. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.43289 of 2026(2) dt.02-07-2026
2/2
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery and criminal
antecedents of the petitioner, this Court is not inclined to grant
bail to the petitioner.
7. Accordingly, this application stands dismissed for
the present with liberty to the petitioner to renew his prayer for
bail, if the trial is delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
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