Patna High Court
Kanhaiya RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, deposit, and verification of antecedents, with confirmation contingent on finding only one prior case.
Summary
The petitioner, Kanhaiya Rai, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 10 litres of liquor from his motorcycle. He contended that he had only one prior case under the Excise Act, whereas the impugned order mistakenly recorded two antecedents, and argued that he was unaware of his friend's misuse of the vehicle and was not in possession of the liquor at the time of seizure. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties, a deposit of Rs.2,500 with the Advocates’ Association, and verification of the petitioner’s criminal antecedents, stipulating that the bail would be confirmed only if only one prior case is found. The order also directed the trial court to verify antecedents and to confirm or set aside the bail accordingly. The judgment thus balances the petitioner’s claim of innocence with procedural safeguards pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged misrecording of the petitioner’s criminal antecedents affects the grant of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- criminal antecedent
- vehicle ownership
- bail conditions
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5177 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Kanhaiya Rai Son of Lalbihari Ray @ Lal Bihari Rai Resident of village-
Rampur Mathiya Binadalal, P. S - Ekam, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act. It is
next submitted that inadvertently in the order impugned it has
been recorded that petitioner has antecedent of two cases. It is
next submitted that allegation is of recovery of 10 litres of
liquor from a motorcycle. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and he came to be implicated
based on the fact that he is owner of the seized vehicle. It is next
Patna High Court CR. MISC. No.5177 of 2026(2) dt.02-02-2026
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submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that his
friend would misuse his vehicle in the manner as alleged who
also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees 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 Janta
Bazar P.S. Case No.258/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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