Anil Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anil Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below (Sonepur P.S. Case No.186 of 2025), subject to conditions: (i) one bailor to be a family member/close relative; (ii) appearance before the Court below on each and every date fixed till charges are framed, with liberty to cancel bail bonds if the petitioner fails to appear on two consecutive dates.

Issue for consideration

Whether petitioner Anil Rai, arraigned in Sonepur P.S. Case No. 186 of 2025 (District Saran) for offences under Sections 317(5)/111/61(2) BNS and Section 30(a) Bihar Prohibition and Excise Act following recovery of 6912 liters of foreign liquor from a truck, is entitled to be enlarged on bail.

Court's answer

Since no recovery was made from the petitioner's physical/conscious possession, the petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions that one bailor is a family member/close relative and that the petitioner appears before the Court below on each date fixed till charges are framed, failing which on two consecutive dates the Court below may cancel the bail bonds.

Detailed headnote1 paragraphs

BAIL GRANTED — Patna High Court (Smt. Soni Shrivastava, J.), oral order dt.22-08-2025, Criminal Miscellaneous No.29158 of 2025, arising out of Sonepur P.S. Case No.186 of 2025, District Saran. Petitioner Anil Rai, implicated in a case involving recovery of 6912 liters of foreign liquor from a truck, charged under Sections 317(5)/111/61(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, was enlarged on bail on a bond of Rs. 10,000/- with two sureties of the like amount each. Grounds: no recovery from the petitioner's physical/conscious possession; charge-sheet already submitted; custody since 29.03.2025; several similarly situated co-accused already granted anticipatory bail by this Court vide order dt.24.07.2025 in Cr. Misc. No.25581 of 2025 and analogous cases. Conditions imposed: one bailor a family member/close relative; attendance on every fixed date till charges framed, with liberty to cancel bonds on absence on two consecutive dates. The State had objected citing two similar criminal antecedents; the petitioner was stated to be already on bail in both.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29158 of 2025

Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran

======================================================

ANIL RAI S/o- Anandi Rai Village- Newal Tola Sabalpur Ps- Sonpur DistSaran. ... ... 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. Khurshid Anwar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 22-08-2025 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for

the offences punishable under Sections 317(5)/111/61(2) of the B.N.S. and Section 30 (a) of the Bihar Prohibition and Excise Act.

Allegation in the first information report relates to recovery of 6912 liters of foreign liquor from a truck.

It is submitted by learned counsel for the petitioner that the name of the petitioner features in the first information report on account of some secret information given by the local Chaukidar. It is further submitted that altogether 13 persons were identified including the petitioner who fled away from the scene of occurrence, although the truck was intercepted at 2:00 AM in the dead of the night, hence, there is no question

Patna High Court CR. MISC. No.29158 of 2025(3) dt.22-08-2025 2/3

of any identification. Neither the truck nor any seized vehicle or any seized articles belongs to the petitioner. It is also pointed out that the charge-sheet has been submitted in this case. There is no independent witness to the seizure list and several similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 24.07.2025 passed in Cr. Misc. No.25581 of 2025 and other analogous cases. The petitioner has been languishing in custody since 29.03.2025.

Learned APP for the State opposed the bail petition on the ground that the petitioner has two criminal antecedents of similar nature of the offence. In response to this, it is submitted on behalf of the petitioner that the petitioner is on bail in both the cases.

Taking into consideration the facts and circumstances of the case and also considering the fact that no recovery has been made from from the physical/conscious possession, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonepur P.S. Case

Patna High Court CR. MISC. No.29158 of 2025(3) dt.22-08-2025 3/3

No.186 of 2025, subject to the condition that:

(i) One of the bailors will be a family member/close

relative.

(ii) The petitioner would appear before the learned Court below on each and every date fixed in the case till the charges are framed. In case, the petitioner fails to appear on two consecutive dates, the learned Court below would be at liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J)

Trivedi/-

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