Patna High Court
Kirani RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail must be granted as the petitioner was not found in direct possession of the liquor and the circumstances did not justify continued detention.
Summary
Kirani Rai applied for bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 120 litres of liquor. The petitioner argued that he was not apprehended at the spot, the liquor was not in his conscious possession, and the recovery occurred on public land at the behest of a hostile watchman. He also highlighted his prior ten excise cases and that he had been in custody since 23‑04‑2026. The State opposed bail. Considering the petitioner’s lack of direct possession, the circumstances of his arrest, and the length of custody, the court ordered his release on bail with a modest bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act given the facts of alleged possession and prior criminal history.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43521 of 2026
Arising Out of PS. Case No.-104 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
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases under the Excise Act and
is in custody since 23.04.2026 and allegation is of recovery of
120 liters of liquor from a bush.
4. 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 public at large and he came to be implicated
Patna High Court CR. MISC. No.43521 of 2026(2) dt.03-07-2026
2/2
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation. It is further submitted that petitioner in
similar manner earlier also came to be implicated in cases
relating to Excise.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on 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. 104 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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