Patna High Court
Kamal Rai @ Kamal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and surety conditions and verification of antecedents.
Summary
Kamal Rai applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a)(c), 34 and 36 of the Excise Act for alleged recovery of 75 litres of liquor and 6,400 litres of mahua pass. The petitioner argued that he was not arrested at the spot, that the alleged contraband was recovered from a public place not in his possession, and that the watchman's testimony was unreliable. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) conditions. The court also ordered the trial court to verify the petitioner’s criminal antecedent and stipulated that if more than two prior cases are found, the bail may be revoked.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Excise Act and his prior criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c), 34, 36
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- liquor seizure
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13143 of 2026
Arising Out of PS. Case No.-735 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Kamal Rai @ Kamal Kumar S/O Late Rajeshwar Rai @ Dinesh Ray R/O
Village- Itwa English, P.S- Dariyapur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a)(c), 34 and 36 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 75 litres of liquor from Itawa
English chawar Dariyapur along with 6400 litres of mahua pass
which was destroyed.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.13143 of 2026(2) dt.10-03-2026
2/3
and is accessible to public at large and he came to be implicated
at the instance of Chaukidar, but then, it is submitted that if
Chaukidar was aware of the involvement of the petitioner in the
occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) 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 Dariyapur P. S. Case No.735 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.13143 of 2026(2) dt.10-03-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…