Patna High Court
Rampravesh RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- R P MISHRA
Holding
Anticipatory bail is granted to petitioner 1 but denied to petitioner 2.
Summary
The petitioners, Rampravesh Rai and Sushil Kumar, sought anticipatory bail in a case (Garkha PS No. 755 of 2025) involving alleged offences under Sections 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act, where 929.88 litres of liquor were recovered. They contended they were neither owners nor drivers of the vehicle and argued that no prima facie case existed, also highlighting non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023. The State opposed bail, emphasizing the petitioners' prior criminal antecedents (one for petitioner 1 and two for petitioner 2). The Court granted anticipatory bail to petitioner 1 subject to a Rs 15,000 bond and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, but denied anticipatory bail to petitioner 2 due to his two similar antecedents, though it allowed him to apply for regular bail upon surrender. The order thus differentiates bail relief based on the petitioners' criminal histories and statutory compliance.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 under the Bihar Prohibition and Excise Act offences.
- Whether anticipatory bail should be granted to petitioner 2 despite his two prior similar convictions.
- Whether the prosecution complied with Section 103 of the Bharatiya Nyaya Sanhita, 2023.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail in these circumstances.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103
Subjects
- anticipatory bail
- bail
- Bihar Prohibition and Excise Act
- criminal antecedents
- Section 103
- Section 482
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4749 of 2026
Arising Out of PS. Case No.-755 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Rampravesh Rai S/o Suresh Ray R/o Village- Zilkabad, P.S- Garkha, Dist-
Saran.
2. Sushil Kumar @ Sushil Kumar Manjhi S/o Late Hira Manjhi R/o Village-
Shivrahiya, P.S- Garkha, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Garkha P.S. Case No. 755 of 2025 instituted for the
offences under Sections 30(a), 36, 38, 41 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 929.88
litres of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Learned counsel further submitted that petitioners are neither
the owner nor the driver of the vehicle. The petitioners have got
Patna High Court CR. MISC. No.4749 of 2026(2) dt.30-01-2026
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no concern with the alleged recovery of liquor. Learned counsel,
therefore, submitted that prima-facie, no case is made out
against the petitioners. The petitioner no. 1 has one criminal
antecedent whereas petitioner no. 2 has two criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nyaya
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners. Learned APP
further submitted that petitioner no. 1 has one criminal
antecedent whereas petitioner no. 2 has two criminal
antecedents of similar nature.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner no. 1, above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with Garkha P.S.
Case No. 755 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
7. So far as petitioner no. 2 is concerned, since he
Patna High Court CR. MISC. No.4749 of 2026(2) dt.30-01-2026
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bears two criminal antecedents of similar nature, this Court is
not inclined grant bail to the petitioner no. 2.
8. Accordingly, the prayer for grant of anticipatory
bail to the petitioner no. 2 is, hereby, rejected.
9. However, if the petitioner no.2 surrenders before
the learned court below within a period of six weeks from today
and prays for regular bail, the same shall be disposed of on its
own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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