Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39892 of 2026 Arising Out of PS. Case No.-555 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Anil Rai S/o Raj Kumar Ray R/o Vill- Sandha, Post- Sutihar, P.S.- Muffasil, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai,Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr.Sachida Nand Rai,learned counsel for the petitioner and Mr.Rana Randhir Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 03.05.2026 in connection with Muffasil P.S. Case No. 555 of 2021, F.I.R. dated 25.10.2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016 and 47 Excise Act.

3. Recovery is of 100 liters of illicit liquor.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from possession of co-accused person, namely, Jai Ram Kumar and

Patna High Court CR. MISC. No.39892 of 2026(2) dt.23-06-2026 2/3 he has disclosed that he has purchased the same from the petitioner. Learned counsel for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and except the disclosure made by the apprehended co-accused person, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 03.05.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

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 1st Exclusive Special Excise Court, Saran at Chapra in connection with Muffasil P.S. Case No. 555 of 2021, 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

Patna High Court CR. MISC. No.39892 of 2026(2) dt.23-06-2026 3/3 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. (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