Patna High Court
Kirani RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
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
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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
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