Allowed¶16

Rabindra Rai @ Devendra Rai v. The State of Bihar

Patna HC25 Jun 2026CR. MISC./41181/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act Section 30(a); illicit liquor recovery from Alto car; conscious/physical possession; seizure list without independent witnesses; disclosure statement of co-accused Jaffir Ansari; Section 438(2) CrPC; Section 482(2) BNSS; 135 litres IMFL/country-made liquor; Sitamarhi; Exclusive Special Excise-I; bail bond Rs.10,000/-; Patna High Court; Chandra Shekhar Jha, J.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise-I, Sitamarhi, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS. ¶16

Rabindra Rai @ Devendra Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Bela P.S. Case No.87 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail. +1 more

¶9

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail upon arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise-I, Sitamarhi, in connection with Bela P.S. Case No.87 of 2026, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

¶16

Ratio / Principle

The Court prima facie found that the recovery of illicit liquor does not appear to have been made from the physical possession of the petitioner, which formed the basis for granting anticipatory bail.

¶16

Detailed headnote1 paragraphs

Anticipatory bail granted (Section 438(2) CrPC / Section 482(2) BNSS) — Bela P.S. Case No.87 of 2026, Sitamarhi, under Section 30(a) of the Bihar Prohibition and Excise Act. Allegation of illegal trade/manufacturing of illicit liquor with recovery of 135 litres of IMFL/country-made liquor, allegedly from an Alto car; petitioner's case that nothing was recovered from his conscious possession, the seizure list lacked independent witnesses, and his name surfaced through the disclosure statement of co-accused Jaffir Ansari. The Court, noting prima facie that the recovery did not appear to be from the petitioner's physical possession, directed his release on bail on a bond of Rs.10,000/- with two like sureties upon arrest or surrender within four weeks, to the satisfaction of the Exclusive Special Excise-I, Sitamarhi, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41181 of 2026

¶2

Arising Out of PS. Case No.-87 Year-2026 Thana- BELA District- Sitamarhi

¶3

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

¶4

Rabindra Rai @ Devendra Rai S/o Ishwar Rai R/o Village- Sirsiya, PS- Bela, Dist- Sitamarhi ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶5

2 25-06-2026

¶6

Heard learned counsel for the petitioner and

¶7

learned Additional Public Prosecutor for the State.

¶8

The accused/petitioner is named in the FIR and

¶9

apprehending his arrest in connection with Bela P.S. Case No.87 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

¶10

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 135 litres of IMFL/country-made liquor.

¶11

It is submitted by learned counsel appearing for petitioner that the seized liquor was recovered from a Alto Car. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is further submitted

¶12

that the seizure list appears doubtful being not supported by independent witnesses rather by police personnel. It is further

¶13

Patna High Court CR. MISC. No.41181 of 2026(2) dt.25-06-2026 2/2

¶14

submitted that the name of the petitioner surfaced solely on the basis of the disclosure statement of the co-accused, namely Jaffir Ansari. The petitioner has one criminal antecedent in which, he is on bail.

¶15

Learned APP opposed the prayer of anticipatory bail to the petitioner.

¶16

In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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 Exclusive Special Excise-I, Sitamarhi in connection with Bela P.S. Case No.87 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

¶17

(Chandra Shekhar Jha, J.)

¶18

Raushan/-

¶19

U T

Rabindra Rai @ Devendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rabindra Rai @ Devendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vikash Kumar Panday @ Vikash Kumar Dubey @ Vikash Panday Vs The State of Bihar

Mamina Khatoon Vs The State of Bihar

Dashrath Singh Bhokta Vs The State of Bihar

Pappu Kumar Vs The State of Bihar

Abhinav Kumar Vs The State of Bihar

Md. Mumtaj @ Md. Mumtaz Alam Vs The State of Bihar