Kalyan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11496 of 2026 Arising Out of PS. Case No.-275 Year-2021 Thana- BAISI District- Purnia ====================================================== Kalyan Rai S/O Anukul Rai @ Anukant Rai Resident of Village- Uttar Saptibari, P.S. - Mairagudi, District - Jalpaigudi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Baisi P.S. Case No. 275 of 2021 dated 22.09.2021 registered for the offence punishable under Section/s 30(a), 41/47 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the police has recovered total 738 liter illicit foreign liquor from the Bolero Pick-up bearing Regd. No. WB71B/7606.

4. Learned counsel for the petitioner by referring to Annexure-2 submits that the power of attorney has already been issued in favour of Hamidul Miya for using the alleged vehicle for commercial purposes and is said to have misused the said Bolero Pick-up during the course of said business, while the driver is said to have been arrested from the spot, who was

Patna High Court CR. MISC. No.11496 of 2026(2) dt.17-02-2026 2/2 employed for driving the alleged vehicle. The name of the petitioner has transpired in this case on the basis of his being the owner of the alleged vehicle. It is next submitted that the petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and taking into account the fact that the petitioner bears no criminal antecedent, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise)-I, Purnea in connection with Baisi P.S. Case No. 275 of 2021, subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Ajit Kumar, J) rishi/- U T