← Library
Patna High CourtCR. MISC./37297/2026bail granted

Andesh Rai v. The State Of Bihar

2026-06-16Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37297 of 2026 Arising Out of PS. Case No.-1998 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Andesh Rai S/O Ravindra Rai @ Ravindra Ray R/O Village - Madhuha, P.S - Raghopur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Mr. Rajendra Nath Jha, the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 30.03.2026 in connection with Excise P.S. Case No. 1998 of 2026, F.I.R. dated 29.03.2026 registered for the offence punishable under Section 30(a), 41, 45, 56(b) of the Bihar Prohibition and Excise Act-2016 and Amendment Act-2018.

3. Recovery is of 2000 liters of country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that the recovery has been made from the boat in question and altogether 2000 liters of country made liquor was recovered from the boat in question

Patna High Court CR. MISC. No. 37297 of 2026(2) dt.16-06-2026 2/3 and altogether ten persons have been made accused in the present case and co-accused persons, namely, Vishal Kumar and another have been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 14.05.2026 passed in Cr. Misc. No. 33332 of 2026 and co-accused persons, namely, Lalu Kumar and others have been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 19.05.2026 passed in Cr. Misc. No. 33588 of 2026 respectively and the petitioner is in custody since 30.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

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 Special Judge Excise-III, Patna in connection with Excise P.S. Case No. 1998 of 2026, 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 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.

Patna High Court CR. MISC. No. 37297 of 2026(2) dt.16-06-2026 3/3 (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