Patna High Court

Kalyan RaiversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

Since the petitioner has no criminal antecedent and the alleged vehicle was being used by a third party under a power of attorney, the court granted anticipatory bail.

Summary

The petitioner, Kalyan Rai, was implicated in a case (Baisi P.S. Case No. 275 of 2021) for alleged possession of 738 litres of illicit foreign liquor seized from a Bolero pick‑up vehicle registered in his name. He contended that the vehicle was being used by a third party under a power of attorney and that the driver, not he, was responsible for the offence, emphasizing his clean criminal record. The State opposed the grant of anticipatory bail. The High Court, noting the absence of any prior criminal antecedent and the misuse of the vehicle by another, decided to grant anticipatory bail subject to a bond and sureties, invoking its inherent powers under Section 482(2) of the CrPC. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties within four weeks of arrest or surrender.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offence under the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s clean antecedent and the existence of a power of attorney for the vehicle negate the necessity of custodial detention.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 47
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
power of attorney
clean antecedent
vehicle misuse
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11496 of 2026
                         Arising Out of PS. Case No.-275 Year-2021 Thana- BAISI District- Purnia
                 ======================================================
                 Kalyan Rai S/O Anukul Rai @ Anukant Rai Resident of Village- Uttar
                 Saptibari, P.S. - Mairagudi, District - Jalpaigudi.
                                                                            ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar, Adv.
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Baisi P.S. Case No. 275 of 2021 dated 22.09.2021

                   registered for the offence punishable under Section/s 30(a),

                   41/47 of the Bihar Prohibition and Excise Act, 2016.

                           3. As per the prosecution case, the police has recovered

                   total 738 liter illicit foreign liquor from the Bolero Pick-up

                   bearing Regd. No. WB71B/7606.

                           4. Learned counsel for the petitioner by referring to

                   Annexure-2 submits that the power of attorney has already been

                   issued in favour of Hamidul Miya for using the alleged vehicle

                   for commercial purposes and is said to have misused the said

                   Bolero Pick-up during the course of said business, while the

                   driver is said to have been arrested from the spot, who was
              Patna High Court CR. MISC. No.11496 of 2026(2) dt.17-02-2026
                                                          2/2




                        employed for driving the alleged vehicle. The name of the

                        petitioner has transpired in this case on the basis of his being the

                        owner of the alleged vehicle. It is next submitted that the

                        petitioner has clean antecedent.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Having heard learned counsel for the parties and taking

                        into account the fact that the petitioner bears no criminal

                        antecedent, this Court is inclined to grant anticipatory bail to the

                        petitioner.

                                7. Let the petitioner, above named, be released on

                        anticipatory bail in the event of his arrest or surrender before the

                        court below 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

                        learned Exclusive Special Judge (Excise)-I, Purnea in

                        connection with Baisi P.S. Case No. 275 of 2021, subject to the

                        condition as laid down under Section 482(2) of the B.N.S.S.



                                                                             (Ajit Kumar, J)
rishi/-

U         T

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