Patna High Court

CR. MISC./58750/2026 of Sudhir Rai @ Dhari Rai @ Sudhir Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58750 of 2026 Arising Out of PS. Case No.-346 Year-2026 Thana- PARSA District- Saran ====================================================== Sudhir Rai @ Dhari Rai @ Sudhir Kumar S/O Shivji Rai @ Siwaji Rai R/O Vill.- Bhalwahiya (Bhalbahiya),

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58750 of 2026

Arising Out of PS. Case No.-346 Year-2026 Thana- PARSA District- Saran ======================================================

Sudhir Rai @ Dhari Rai @ Sudhir Kumar S/O Shivji Rai @ Siwaji Rai R/O

Vill.- Bhalwahiya (Bhalbahiya), P.s.- Parsa, Dist.- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Dewendra Narayan Singh, Advocate

For the Opposite Party/s :

Mr. Arun Kumar, APP

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

19-08-2026 Heard learned Advocate for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Parsa P.S. Case No.346 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The police, on a secret information intercepted two e- riskshaw vehicles which were carrying illicit wine. On search total 220.260 illicit country made foreign liquor was recovered. The apprehended persons disclosed the name of the consignor as co- accused Mukesh Kumar, and the petitioner as one of the consignee, who has to receive the consignment of illicit wine and ensure the payment of cost of the wine.

4. Learned Advocate for the petitioner taking this Court Patna High Court CR. MISC. No.58750 of 2026(2) dt.19-08-2026

through the FIR contended that, save and except the disclosure made by the apprehended person, there is nothing no record which suggests the complicity of the petitioner in crime. The petitioner has neither any concern with the illicit wine nor with the accused persons. During the course of investigation no incriminating material has surfaced regarding the complicity of the petitioner in crime. In the aforesaid premise learned Advocate for the petitioner thus argued that the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act would not be attracted. The reason behind the false implication of the petitioner is said to be one criminal antecedent of identical nature, as has been disclosed in paragraph No.3 of the bail application, in which the petitioner has been declared juvenile and discharged from the case.

5. On the other hand, learned Advocate for the State vehemently oppose the bail application and submits that petitioner is a member of syndicate which is engaged in trafficking of illicit wine.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the materials available on record, besides save and except the disclosure made by the apprehended person, there is no incriminating material suggesting the complicity of the Patna High Court CR. MISC. No.58750 of 2026(2) dt.19-08-2026

petitioner in crime, as also the defiance of the statutory prescriptions as provided under Sections 103 & 105 of the BNSS, further lack of material which attract any bar to maintain the present anticipatory bail and above all at present the petitioner is not carrying any criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Parsa P.S. Case No.346 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

Utkarsh.k/- (Harish Kumar, J) U T

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