Patna High Court

Kali Rai @ Raj Kishor RaiversusThe State of Bihar

Decided: 17 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Kali Rai, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 160.56 litres of liquor from an orchard he does not own and from which nothing was seized in his possession. He contended that he was implicated solely on secret information without proper investigation and that the police mechanically implicate individuals in excise matters. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than one prior case, the bail may be cancelled; if only one prior case, the provisional bail will be confirmed.

Issues considered

Whether anticipatory bail should be granted 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 ownership, and the manner of his implication, justify granting anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
excise offence
secret information
provisional bail
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85522 of 2025
                      Arising Out of PS. Case No.-434 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Kali Rai @ Raj Kishor Rai S/O Late Ram Deni Rai R/vill- Yusufpur, P.S.-
                 Lalganj, Distt- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar
                 For the Opposite Party/s :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 160.56 litres of liquor from orchard.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the orchard from where the liquor was recovered and he came to

                   be implicated based on secret information which is the easiest

                   way to implicate someone. It is further submitted that once an
Patna High Court CR. MISC. No.85522 of 2025(2) dt.17-01-2026
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          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.           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.

          5,000/- (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 Lalganj

          P.S. Case No. 434 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 one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
              Patna High Court CR. MISC. No.85522 of 2025(2) dt.17-01-2026
                                                          3/3




                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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