Patna High Court
Kariman Rai @ Amrendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to bond, sureties and verification of antecedent cases.
Summary
The petitioner, Kariman Rai, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Section 111 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He claimed that he was not arrested at the scene, no liquor was recovered from his possession, and his name was omitted from the FIR, arguing a lack of direct involvement. The petitioner also disclosed five prior cases, one relating to the alleged recovery of 43.200 litres of liquor from a motorcycle. The court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed verification of his criminal antecedents. It further stipulated that if more than five prior cases are found, the bail would be revoked, otherwise the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s antecedent criminal record.
- Whether the absence of recovery of the alleged contraband from the petitioner’s possession and non-mention in the FIR justify granting bail.
- Whether the conditions prescribed under Section 438(2) of the Cr.P.C. are satisfied.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Excise Act
- Narcotic Substances Act
- antecedent criminal record
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25695 of 2026
Arising Out of PS. Case No.-617 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Kariman Rai @ Amrendra Kumar S/o Late Ganesh Rai Resident of Village-
Jantola, (Doulatganj), P.S.- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tejpratap Singh
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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
Section 111 of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases out of which one case
is under the Excise Act and allegation is of recovery of 43.200
litres of liquor from a motorcycle.
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 is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local person, but the name of the person, who
Patna High Court CR. MISC. No.25695 of 2026(2) dt.18-04-2026
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disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution. It is
also submitted that off late police has started implicating
accused with antecedent in cases relating to Excise for obvious
reason 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.25,000/- (Rupees Twenty Five 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 Bhagwan Bazar P. S. Case No.617 of 2025,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
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
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found that petitioner has antecedent of more than five 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 five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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