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Patna High Court

Kanhaiya RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.5177 of 2026(2) dt.02-02-2026
                                                         3/3




                       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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