Rakesh Rai @ Jiddi Rai @ Tipu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16294 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- DIGHA District- Patna ====================================================== Rakesh Rai @ Jiddi Rai @ Tipu Yadav Son of Sri Dhrmadeo Rai Resident of Village- Chhoti Bazar, Mugulpura, P.S.- Khajkala, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Ms.Divya Bharti, Advocate Mr. Amit Kumar, Advocate Mr. Mani Kumar Manish, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Digha P.S. Case No. 16 of 2026, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 259.2 litres of liquor was recovered from Auto.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by the arrested accused person, who has inimical term with the petitioner. The petitioner has got no

Patna High Court CR. MISC. No.16294 of 2026(2) dt.13-03-2026 2/2 concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. Petitioner is not the owner of the alleged vehicle. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Digha P.S. Case No. 16 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) manish/- U T