Patna High Court
Kishori Kewat @ Kishori PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Kishori Kewat, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 15.8 litres of liquor were allegedly recovered from a public place near a brick kiln. He argued that he was not caught in possession, the recovery site did not belong to him, and the complaint was lodged by a hostile chowkidar, raising doubts about the prosecution's case. The State opposed the bail. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The decision reflects the court’s discretion to balance the petitioner’s liberty with the need to ensure compliance with bail conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
- Whether the petitioner’s alleged lack of possession and the nature of the complaint justify the grant of anticipatory bail?
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2) BNSS
- criminal antecedent
- high court inherent powers
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66544 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Kishori Kewat @ Kishori Prasad S/O Ganesh Kewat R/O Vill.- Noniyapur,
P.S.- Krishnabraham, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kahkashan Alam, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the excise act and allegation is of recovery of 15.8 liters
of liquor from a place near a brick kiln.
4. Learned counsel for the petitioner submits that
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.66544 of 2025(3) dt.07-01-2026
2/3
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
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
Krishnabraham P.S. Case No. 25 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.66544 of 2025(3) dt.07-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…