Allowed¶24

Niraj Kumar @ Niraj Rai v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./46747/2026

Case brief

AI extract

What is this about?

Anticipatory (pre-arrest) bail allowed by Patna High Court (Purnendu Singh, J) on 22-07-2026 in CR. MISC. No.46747 of 2026 under S. 30(a) Bihar Prohibition and Excise Act; 207.54 litres illicit foreign liquor allegedly recovered from co-accused Sudhir Manjhi's house; bail bond Rs. 10,000/- with two like sureties; conditions per S. 482(2) BNSS; order void automatically if undisclosed criminal antecedents found.

What did the court decide?

Pre-arrest bail granted in connection with Garakha P.S. Case No. 439 of 2026: release on arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and verification of criminal antecedents declared in paragraph no. 3 of the bail application. ¶24

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

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Garakha P.S. Case No. 439 of 2026 registered under Section 30 (a) of the Bihar Prohibition and Excise Act.

¶13

Court's answer

Pre-arrest bail granted: petitioner directed to be released on arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

Stated grounds for the grant: the recovery of 207.54 litres of illicit foreign liquor was made from the house of co-accused Sudhir Manjhi, and the court observed that the State has failed to implement its liquor policy in its true spirit.

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Key takeaways

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application.ratio¶21
If any other case is pending against the petitioner beyond what has been stated in paragraph no. 3 of the bail application, this order will lose its force automatically.ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail — S. 30(a) Bihar Prohibition and Excise Act — Garakha P.S. Case No. 439 of 2026 (District Saran) — alleged recovery of 207.54 litres of illicit foreign liquor from the half built house of co-accused Sudhir Manjhi — petitioner claimed false case planted due to enmity and denied involvement in liquor trade — court noted recovery was from the co-accused's house and that the State has failed to implement its liquor policy in its true spirit — petitioner directed to be released on pre-arrest bail on arrest or surrender within four weeks, on bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to conditions under S. 482(2) BNSS — District Court to verify criminal antecedents stated in para 3 of the bail application; if any other case is pending beyond those declared, the order loses force automatically.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46747 of 2026

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Arising Out of PS. Case No.-439 Year-2026 Thana- GARKHA District- Saran

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

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Niraj Kumar @ Niraj Rai, aged about 27 years, male, Son of Gopal Ray, Resident of Village - Narayanpur, Post Office - Rahampur, Police Station - Garakha, District - Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 22-07-2026 Heard Mr. Ravi Shanker Pankaj, learned counsel

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appearing on behalf of the petitioner and Mrs. Gulnar Begum, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Garakha P.S. Case No. 439 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

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Allegation is of recovery of 207.54 litres of illicit foreign liquor from the half built house of co-accused Sudhir Manjhi.

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Learned counsel appearing on behalf of the petitioner submits that due to enmity, the petitioner has been planted in a false case. The recovery of 207.54 litres of illicit

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Patna High Court CR. MISC. No.46747 of 2026(2) dt.22-07-2026 2/3

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foreign liquor was made from the house of co-accused Sudhir Manjhi and petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner. On these grounds, petitioner seeks to be released on pre-arrest bail.

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Learned APP for the State has vehemently opposed

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the prayer for grant of pre-arrest bail to the petitioner.

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Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, from which it appears that the recovery of 207.54 litres of illicit foreign liquor was made from the house of co-accused Sudhir Manjhi and also the fact that the State has failed to implement its liquor policy in its true spirit, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, 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 District Court where the case is pending, in connection with Garakha P.S. Case No. 439 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.

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The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is

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Patna High Court CR. MISC. No.46747 of 2026(2) dt.22-07-2026 3/3

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pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

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The present bail application is disposed of.

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(Purnendu Singh, J)

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Niraj/-

¶27

U T

Niraj Kumar @ Niraj Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj Kumar @ Niraj 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

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