Jaikant Rai @ Jaykant Ray @ Jay Kant Ray Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46157 of 2025

Arising Out of PS. Case No.-144 Year-2024 Thana- MEHANDIGANJ District- Patna

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Jaikant Rai @ Jaykant Ray @ Jay Kant Ray S/O Sanjivan Rai @ Munni Lal Rai R/O Village- Sukumarpur, P.S- Raghopur, Distt.- Vaishal, At present resident of Village- Baglodan Gali, P.S- Chowk, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mrs. Asha Devi, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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4 09-10-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

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As per the prosecution case, to verify the secret information that petitioner alongwith co-accused were coming on scooter with illicit country made liquor loaded on it, the police team reached the place of occurrence and found illicit liquor on two scooters. During videography proceeding of the recovery of illicit liquor, the petitioner alongwith 10-15 other persons took away both the scooters in question alongwith 50 litre of illicit liquor with them. Moreover 130 litre illicit country made liquor was recovered from a sack on the place of

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Patna High Court CR. MISC. No.46157 of 2025(4) dt.09-10-2025 2/3

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occurrence. The local people also disclosed that the petitioner alongwith the co-accused were involved in the trade and business of illicit liquor.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by his Gotiya due to previous enmity. He further submits that petitioner was not present on the place of recovery on the alleged date of occurrence and no incriminating article has been recovered from his conscious possession. He further submits that the petitioner is not the owner of any of the seized vehicle and he has no concern with the alleged seized material. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law as there is no independent witness to the seizure list. He further submits that petitioner is in custody since 17.05.2025, having 39 criminal antecedents, out of which 30 cases belong to Excise Act.

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Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner and submits that there is recovery of huge quantity i.e. 130 litre illicit country made liquor and petitioner is a habitual offender having 39 criminal antecedents, out of which 30 cases belong to Excise Act. The anticipatory bail of the petitioner was rejected by the

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Patna High Court CR. MISC. No.46157 of 2025(4) dt.09-10-2025 3/3

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Hon’ble Supreme Court vide order dated 05.05.2025 passed in S.L.P. (Criminal) Diary No.22386 of 2025. Further, it is submitted that the petitioner does not deserve the privilege of bail in view of the nature of allegation and criminal antecedents of the petitioner.

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Considering submissions made on behalf of the parties, facts and circumstances of the case and the recovery of huge quantity of illicit liquor and also the long criminal history of the petitioner, this Court is not inclined to enlarge the petitioner above-named on bail. Accordingly, the prayer of bail of the petitioner is rejected.

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(Sunil Dutta Mishra, J)

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Ritik/-

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U T

Jaikant Rai @ Jaykant Ray @ Jay Kant Ray v. The State of Bihar

Case brief

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Jaikant Rai @ Jaykant Ray @ Jay Kant Ray v. The State of Bihar

Case brief

What is this about?

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What the court decided

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