Created by Fuzzy Cloud

Patna High Court

Kirani RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis that no material was recovered from his possession and he was not apprehended at the spot of the raid.

Summary

Kirani Rai was arrested in connection with a case alleging illegal manufacture and sale of country-made liquor under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. A raid recovered 77 litres of liquor, but the petitioner escaped and no contraband was found in his possession. The petitioner claimed innocence, arguing that he was not apprehended at the spot and that the recovered liquor was in a public area; he also disclosed a history of ten prior cases. The State opposed bail, citing his criminal antecedent. The High Court, noting the lack of material recovered from the petitioner and the length of his custody, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The order released the petitioner on bail subject to compliance with the stipulated conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite his prior criminal antecedent and the nature of the alleged offences under the BNSS and Bihar Prohibition & Excise Act.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • excise law
  • criminal antecedent
  • Section 274
  • Section 275
  • Section 30(a)
  • Section 480(3)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42181 of 2026
                   Arising Out of PS. Case No.-36 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
                 Kirani Rai Son of Jamadar Rai Resident of Village- Kadhan, P.S.- Kesariya,
                 District- 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. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Kesariya P.S. Case No. 36 of 2026 registered

                   for the alleged offences under Sections 274 and 275 of

                   Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar

                   Prohibition & Excise Act, 2016.

                                03. As per prosecution case, secret information was

                   received about the petitioner manufacturing country made liquor

                   and selling it. A raid was conducted at the identified place and

                   recovery of 77 liters of country made chulai liquor was made

                   from the said place and a person fled away when the raid was

                   being conducted. The petitioner is said to be the person who

                   escaped from the spot.
Patna High Court CR. MISC. No.42181 of 2026(2) dt.01-07-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from person or

          possession of the petitioner who was not apprehended from the

          spot. The petitioner has no concern with the place of recovery

          and it is an open place which is accessible to public at large.

          Learned counsel further submits that the petitioner is having

          antecedent of 10 cases and due to his criminal antecedent, he

          has been made accused in the present case. The petitioner is in

          custody since 07.05.2026.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not apprehended from the spot and

          no recovery has been shown from his conscious possession and

          also considering the period of custody of the petitioner, he is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Judge,

          Excise Court No. 3, East Champaran at Motihari/court

          concerned in connection with Kesariya P.S. Case No. 36 of
           Patna High Court CR. MISC. No.42181 of 2026(2) dt.01-07-2026
                                                       3/3




                     2026, subject to the conditions mentioned in Section 480(3) of

                     BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.