Kirani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85028 of 2025 Arising Out of PS. Case No.-375 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1.

Kirani Rai S/o Jamadar Rai Resident of village - Kadhan Ward No. 10, P.S - Kesariya, District - East Champaran 2.

Arvind Rai S/o Kirani Rai Resident of village - Kadhan Ward No. 10, P.S - Kesariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 274 and 275 of the BNS and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 120 litres of liquor from a plastic polythene near diyara area.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged

Patna High Court CR. MISC. No.85028 of 2025(3) dt.22-01-2026 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioners is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioners admittedly are persons with clean antecedent.

5.

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

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Kesariya P.S. Case No. 375 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of

Patna High Court CR. MISC. No.85028 of 2025(3) dt.22-01-2026 3/3 seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T