Patna High Court

Kanhaiya Rai @ Kanhaiya YadavversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents.

Summary

The petitioner, Kanhaiya Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 400 litres of spirit were allegedly recovered from a location adjacent to his house. He argued that the police had mechanically implicated him without proper investigation and that no contraband was found in his possession. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than two prior cases, the bail would not be confirmed; if exactly two, the bail would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the excise case.
Whether the conditions imposed, including verification of prior antecedents, are appropriate under law.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
excise law
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2) CrPC
prior criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56723 of 2025
                   Arising Out of PS. Case No.-909 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Kanhaiya Rai @ Kanhaiya Yadav Nandu Rai @ Nandu Ray Resident of
                 village- Salempur, P.S.- Piprakothi, Dist.- 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. Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  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 two cases under the Excise Act and

                   allegation is of recovery of 400 litres of spirit from a place

                   behind the house of the petitioner. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which is adjacent to the house of the

                   petitioner as such he came to be implicated. It is next submitted
Patna High Court CR. MISC. No.56723 of 2025(3) dt.05-01-2026
                                            2/3




          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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.10,000/- (Rupees ten 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 Excise

          P.S. Case No.909/2019, 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

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.56723 of 2025(3) dt.05-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…