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Patna High Court

Kirani RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to a bail bond and verification of the petitioners' criminal antecedents, and that confirmation of bail depends on the antecedent verification.

Summary

The petitioners, Kirani Rai and his son Jitendra Kumar, sought anticipatory bail in a case registered under Sections 274 and 275 of the Bihar Non‑Transportable Substances Act read with Section 30(a) of the Bihar Excise Act, alleging that the liquor was recovered from a kiln they did not own and that they were implicated by a hostile watchman. The petitioners highlighted their prior excise cases—six for the father and four for the son—and argued that the police had mechanically implicated them without proper investigation. The State opposed the bail. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs 30,000 with two sureties, and that the trial court verify their criminal antecedents within six weeks. If the antecedents exceed the stated limits, the provisional bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the Bihar Non‑Transportable Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case under Sections 274 and 275 of the Bihar Non‑Transportable Substances Act read with Section 30(a) of the Bihar Excise Act.
  • Whether the petitioners' prior criminal antecedents justify denial of anticipatory bail.
  • Whether the procedural requirements under Section 482(2) of the Bihar Non‑Transportable Substances Act are satisfied.

Subjects

  • anticipatory bail
  • excise offences
  • criminal antecedent
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNS
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10141 of 2026
                   Arising Out of PS. Case No.-530 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Kirani Rai Son of Jamidar Rai Resident of village -kadhan, Ps- Kesariya,
                  Dist- East Champaran
           2.    Jitendra Kumar Son of Kirani Rai Resident of village -kadhan, Ps- Kesariya,
                 Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of the BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of six cases under the Excise Act

                   and petitioner no. 2 has antecedent of four cases under the

                   Excise Act and allegation is of recovery of 165 liters of liquor

                   from a kiln at village Kadhan Diyara.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.10141 of 2026(3) dt.16-03-2026
                                            2/3




          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners nor petitioners are owner of the kiln and they came

          to be implicated at the instance of Chowkidar with whom they

          are on an inimical term. It is next submitted that if Chowkidar

          was aware of the involvement of the petitioners in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation. It is also submitted that

          petitioners earlier in similar manner came to be implicated in

          cases relating to excise.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.
            Patna High Court CR. MISC. No.10141 of 2026(3) dt.16-03-2026
                                                        3/3




                      30,000/- (Rupees Thirty Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned Trial Court

                      where the case is pending/successor court in connection with

                      Kesariya P.S. Case No. 530 of 2025 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioners and

                      in the event if it is found that petitioner no. 1 has antecedent of

                      more than six cases and petitioner no. 2 has antecedent of more

                      than four cases then it would be presumed that petitioners, for

                      the purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner no. 1 has antecedent of

                      six cases only and petitioner no. 2 has antecedent of four cases

                      only, in that event the provisional anticipatory bail order shall be

                      confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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