Jamadar Rai @ Jamadaar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21901 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- NAYAGAON District- Saran ====================================================== Jamadar Rai @ Jamadaar Rai S/o- Mahesh Rai Resident of- Bariyar Chak, P.S.- Nayagyon, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Basant Kumar Singh, Advocate Mr. Vishesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Nayagaon P.S. Case No. 46 of 2026, dated 08.02.2026, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of 2nd Exclusive Special Excise Judge, Saran at Chapra.
3. As per the prosecution, total recovery of 04 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Counsel also submits that
Patna High Court CR. MISC. No.21901 of 2026(2) dt.08-04-2026 2/2 the criminal antecedent of the petitioner is not clean, as two criminal cases are pending against him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean.
6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T