Kirani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47568 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- KESARIA District- East Champaran ====================================================== Kirani Rai Son of Jamadar Rai Resident of Village - Kadhan, P.S. - Kesariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kesariya P.S. Case No. 77 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Earlier anticipatory bail of the petitioner was dismissed as withdrawn vide order dated 16.04.2026 passed in Cr. Misc. no. 23888 of 2026 by a Coordinate Bench of this Court.

3. The prosecution case, in short, is that 110 liters liquor was recovered from a pile of sand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered

Patna High Court CR. MISC. No.47568 of 2026(2) dt.16-07-2026 2/3 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from the open place accessible to one and all. The petitioner is in custody since 23.04.2026 and has got ten criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kesariya P.S. Case No. 77 of 2026, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

Patna High Court CR. MISC. No.47568 of 2026(2) dt.16-07-2026 3/3 (III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

(V) Petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) sukriti/- U T