Patna High Court
Kirani RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bail bond conditions and verification of their criminal antecedent.
Summary
Kirani Rai and Arvind Rai were implicated in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for the alleged recovery of 120 litres of liquor from a public area. They argued that they have no prior criminal record, were not arrested at the spot, and that the liquor was not in their conscious possession, noting that the informant’s name was omitted from the FIR. The State opposed the grant of anticipatory bail. The High Court, after hearing both sides, ordered provisional anticipatory bail conditioned on the furnishing of bail bonds of Rs.500 each with two sureties and directed the trial court to verify the petitioners’ antecedents. The order further provided that if any antecedent is discovered the bail would be cancelled, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners
- Whether the allegations under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act constitute sufficient ground to deny bail
- Whether the petitioners have a clean criminal antecedent
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Bihar Excise Act
- clean antecedent
- bail conditions
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85028 of 2025
Arising Out of PS. Case No.-375 Year-2025 Thana- KESARIA District- East Champaran
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1. Kirani Rai S/o Jamadar Rai Resident of village - Kadhan Ward No. 10, P.S -
Kesariya, District - East Champaran
2. Arvind Rai S/o Kirani Rai Resident of village - Kadhan Ward No. 10, 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 : Ms.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274 and
275 of the BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 120 litres of liquor from a plastic polythene near
diyara area.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.85028 of 2025(3) dt.22-01-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local people, but then the name
of the person, who disclosed the name of the petitioners is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioners admittedly are persons with clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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. 375 of 2025, subject to the conditions as laid
down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
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seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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