Raj Kumar Rai v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No. 21583 of 2026, decided 16-04-2026 by Justice Rajiv Roy. Anticipatory bail allowed in Samastipur excise FIR (Sadar Excise P.S. Case No. 21 of 2026, dated 20.01.2026, informant Harinandan Kumar Pal) under sections 30(a) of the Bihar Prohibition and Excise Act following seizure of 13.59 liter foreign liquor. Relies on Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 on maintainability of anticipatory bail applications despite Section 76(2) bar. Bail bond Rs. 10,000/- with two sureties; conditions include six-month fortnightly police reporting and family-member bailor. Keywords: anticipatory bail, Bihar Prohibition and Excise Act, Section 76(2), Section 30(a), foreign liquor seizure, Full Bench, Ram Vinay Yadav.
What did the court decide?
Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-II, Samastipur, subject to six stated conditions (family-member bailor with bona fide document, reporting to police station as required, appearance on every trial date, fortnightly police-station attendance for six months with certificate thereafter, no inducement/threat to witnesses or tampering with evidence, and desistance from further criminal offences).