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2026 DAILYLAW 25007 (PAT)

Kirani Rai v. The State of Bihar

CR. MISC./49344/2026 · 2026-07-17

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49344 of 2026 Arising Out of PS. Case No.-486 Year-2025 Thana- KESARIA District- East Champaran ====================================================== Kirani Rai S/O Jamadar Rai R/O Vill.- Kadhan, Ward no. 10, P.s.- Kesariya, Dist.- 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 : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for the offences punishable under Sections 274 and 275 of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of eleven cases under the Excise Act and is in custody since 07.05.2026 and allegation is of recovery of 145 liters of liquor from diyara area along with 6000 liters of Mahua Pass which was destroyed. 4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner Patna High Court CR. MISC. No.49344 of 2026(2) dt.17-07-2026 2/2 and is accessible to villagers at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 5. Learned A.P.P. for the State opposes the bail application of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) 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. 486 of 2025. Rishabh/- (Satyavrat Verma, J) U T