Patna High Court
Kanchan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, finding no prima facie case and deeming the identification in the FIR vague.
Summary
The petitioner, Kanchan Rai, feared arrest in a case (Malsalami PS Case No. 506 of 2025) under Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of wine. He argued that the wine was recovered from a location not belonging to him and that his identification came only from an unnamed crowd, which the FIR failed to detail, rendering the identification vague and inadmissible. The State’s counsel conceded the FIR’s lack of specific identification but opposed bail. Considering the vague source of identification, the absence of any prima facie case under the Excise Act, and the petitioner’s clean record, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. for conditions. The order directs that if arrested within six weeks, the petitioner be released on bail.
Issues considered
- Whether the FIR provides a sufficient basis to establish a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the vague identification of the petitioner in the FIR defeats the applicability of Section 76(2) of the Excise Act.
- Whether anticipatory bail should be granted in view of the petitioner’s clean record and the circumstances of the case.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- Section 76(2)
- Section 482(2)
- identification in FIR
- prima facie case
- clean criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 9279 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Kanchan Rai S/O Jai Rai @ Jai Narayan Rai R/O - Pathar Ghat, P.S-
Malsalami, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prince Khatri, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in connection
with Malsalami P.S. Case No. 506 of 2025 dated 28.09.2025
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition & Excise Act (in short ‘Excise Act’).
3. The main submissions advanced by the petitioner’s
counsel are that the recovery of the alleged wine is stated to
have been made from a place, namely Patharghat Gabra, not
belonging to the petitioner, and the name of the petitioner came
to light when the assembled crowd disclosed his name as being
involved in storing the alleged wine at the said place. The same
forms the basis of implicating the petitioner in connection with
the recovery of the alleged wine. However, in the entire FIR, the
police did not disclose the name of any person who was part of
Patna High Court CR. MISC. No. 9279 of 2026(2) dt.17-02-2026
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the said crowd, therefore, the source of identification of the
petitioner mentioned in the FIR is completely vague and not
admissible in evidence. Hence, the alleged offence under the
Excise Act, under which the FIR has been registered, does not
attract even prima facie against the petitioner, and his prayer is
not hit by the provisions of Section 76(2) of the Excise Act.
Further, the petitioner’s past is completely clean and he bears no
criminal antecedent.
4. Though learned APP for the State has opposed the
prayer for bail of the petitioner but he fairly accepts that in the
entire FIR, the name of any person who was part of the crowd
has not been disclosed and, in this regard, the source of
identification of the petitioner is vague.
5. In the facts and circumstances of this case as well
as considering the submissions as stated above, coupled with the
pleas of the petitioner, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
Patna High Court CR. MISC. No. 9279 of 2026(2) dt.17-02-2026
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connection with Malsalami P.S. Case No. 506 of 2025 , subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Shailendra Singh, J)
maynaz/-
U T
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