Dismissed¶21

Sunil Rai v. The State of Bihar

Patna HC1 Jun 2026CR. MISC./36048/2026

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No. 36048 of 2026, decided 01-06-2026 by Dr. Anshuman, J. Anticipatory bail rejected in excise case under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022; Dariyapur P.S. Case No. 246 of 2026, District Saran; alleged recovery of 16.60 litres illicit liquor; name disclosed by co-accused Ashok Nat; unclean antecedents (three pending criminal cases, two under Excise Act); liberty to surrender within six weeks; Trial Court to consider surrender-cum-bail application same day on merits.

What did the court decide?

Liberty to surrender within six weeks, with a direction to the Trial Court to pass order on the surrender-cum-bail application on the same day on the merits of the case, without being prejudiced by the rejection of the anticipatory bail application. ¶21

Sunil Rai Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36048 of 2026

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Arising Out of PS. Case No.-246 Year-2026 Thana- DARIYAPUR District- Saran

¶3

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

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Sunil Rai Son of Late Yogendra Ray Resident Of Village -Barway Police Station -Dariyapur District -Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Ms. Mili Kumari, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 01-06-2026

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The Court proceeding is being conducted through

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virtual mode.

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Heard learned counsel for the petitioner and learned APP for the State.

¶15

The petitioner is apprehending arrest in connection with Dariyapur P.S. Case No. 246 of 2026 dated 19.03.2026 lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of Additional Sessions Judge-cum-Exclusive Special Judge, Excise Act-I, Saran, Chapra.

¶16

As per the prosecution, total recovery of 16.60 litres of illicit liquor has been made, which is the subject matter of the present case.

¶17

Learned counsel for the petitioner submits that the

¶18

Patna High Court CR. MISC. No.36048 of 2026(2) dt.01-06-2026 2/3

¶19

petitioner is innocent and has committed no offence. Counsel further submits that the petitioner’s name was disclosed by the co-accused, namely, Ashok Nat. Counsel further submits that no incriminating article was recovered from the petitioner’s possession. Counsel further submits that the criminal antecedent of the petitioner is not clean, as there are three criminal cases pending against him. Counsel also that the petitioner is ready to fulfil all the conditions whatsoever may be imposed upon him.

¶20

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that there are three criminal case pending against the petitioner, out of which two cases are related to Bihar Prohibition and Excise (Amendment) Act.

¶21

Considering the facts and circumstances of the present case, particularly that his antecedents are not clean, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

¶22

Liberty is hereby granted to the petitioner that if he surrenders within six weeks, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudiced by the fact that the anticipatory bail

¶23

Patna High Court CR. MISC. No.36048 of 2026(2) dt.01-06-2026 3/3

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application of the petitioner has been rejected by this Court, and the Trial Court shall pass an order on the merits of the case.

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(Dr. Anshuman, J.)

¶26

Aman Kumar/-

¶27

U T

Sunil Rai v. The State of Bihar

Case brief

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Sunil Rai v. The State of Bihar

Case brief

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