Patna High Court
Kirani RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted subject to a bail bond, sureties and verification of the petitioner’s antecedent, with confirmation only if the antecedent is clean.
Summary
Petitioner Kirani Rai sought to withdraw his anticipatory bail application, which the court permitted. Petitioner Ramlal Rai feared arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor, claiming he had no possession and a clean antecedent. The State opposed the bail. The court granted Ramlal provisional anticipatory bail conditioned on a Rs.500 bail bond, two sureties, and verification of his criminal antecedent by the trial court. It directed that if any antecedent is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the court may grant provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22068 of 2026
Arising Out of PS. Case No.-486 Year-2025 Thana- KESARIA District- East Champaran
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1. Kirani Rai S/O Late Jamadar Rai Resident of village - Kadhan,P.S-
Kesariya,Dist- East Champaran
2. Ramlal Rai @ Ramlal Kumar Jade S/O Kirani Rai Resident of village -
Kadhan,P.S- Kesariya,Dist- East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 1.
3. Permission is accorded.
4. The petitioner no. 2 apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
5. Learned counsel for the petitioner submits that
petitioner no. 2 is a person with clean antecedent and allegation
is of recovery of 145 liters of liquor along with 6000 lts. Of
Patna High Court CR. MISC. No.22068 of 2026(2) dt.07-04-2026
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mahua pass from Diyara area.
6. Learned counsel for the petitioner submits that the
petitioner was not apprehended 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
and is accessible to villagers at large and he came to implicated
at the instance of chowkidar with whom he is on an inimical
term, it is next submitted that if chowkidar was aware of the
involvement of the petitioner 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 when
admittedly petitioner is a person with clean antecedent.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner no. 2.
8. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no. 2, namely, Ramlal in
the event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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. 486 of 2025 subject to
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the conditions as laid down under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner no. 2
and in the event if it is found that petitioner no. 2 has antecedent
of even one case then it would be presumed that petitioner no. 2,
for the purposes of seeking anticipatory bail, had concealed his
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. 2 has clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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