Kishan Rai @ Krishan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81555 of 2025 Arising Out of PS. Case No.-443 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Kishan Rai @ Krishan Rai S/o Ramji Rai @ Ramjivan Rai Resident of Village- Sishmahal, Hamam Par, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 63 litres of liquor from the cowshed of the petitioner and 105 litres of liquor from the cowshed of Naresh Mahto.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and cowshed is a place outside the house and is accessible to villagers at large. It is further submitted that no prudent person would use his own premises for committing an occurrence and thus would create

Patna High Court CR. MISC. No.81555 of 2025(2) dt.18-12-2025 2/3 evidence against himself and hence would get implicated. It is next submitted that it appears that someone inimical to the petitioner concealed meager amount of liquor with a view to implicate the entire family and the police in a mechanical manner implicated without holding a proper investigation of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let 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.500/- (Rupees Five Hundred) 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 Khajekalan P.S. Case No. 443 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent

Patna High Court CR. MISC. No.81555 of 2025(2) dt.18-12-2025 3/3 before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T