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Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail with specified bond and conditions, subject to verification of the petitioners' criminal antecedents.

Summary

Munna Kumar and Amarjeet Rai applied for anticipatory bail fearing arrest in a case registered under IPC Sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of liquor from a motorcycle and a Santro. They contended that they were not arrested on the spot, had no conscious possession of the liquor, were not owners of the vehicles, and were implicated based on undisclosed informant information, which they argued undermined the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify their criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed forthwith. The order thus balances the petitioners' apprehension of arrest with the need for verification of their antecedents.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances alleged?
  • Does the lack of possession and undisclosed informant affect the bail decision?
  • Are the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. valid and sufficient?

Legislation cited

Subjects

  • anticipatory bail
  • IPC 272
  • IPC 273
  • Bihar Prohibition Act
  • Section 438 CrPC
  • criminal antecedent verification
  • secret informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15024 of 2026
                     Arising Out of PS. Case No.-583 Year-2021 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
           1.     Munna Kumar Son of Late Surendra Ray R/o Village - Bahilwara Govind,
                  P.S. - Saraiya, Dist. - Muzaffarpur.
           2.    Amarjeet Rai Son of Devendra Ray R/o Village - Bahilwara Govind, P.S. -
                 Saraiya, Dist. - Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ratneshwar Prasad
                 For the Opposite Party/s :        Mr.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 272 and

                   273/34 of the Indian Penal Code as well as Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case and allegation is of

                   recovery of 30 litres of liquor from a motorcycle and 540 ml. of

                   liquor from a Santro.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession. It is further
Patna High Court CR. MISC. No.15024 of 2026(2) dt.17-03-2026
                                            2/3




          submitted that petitioners are not the owner of any of the seized

          vehicles and came to be implicated at the instance of the local

          person 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 have

          not been implicated based on the secret information.

                       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, let the petitioners, above-named, in

          the event of their arrest or surrender within a period of six

          weeks from today, be released on provisional anticipatory bail

          on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)

          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 Saraiya P.S. Case No. 583 of 2021,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioners and

          if it is found that petitioners have antecedent of more than one

          case, it would be presumed that petitioners had concealed their
           Patna High Court CR. MISC. No.15024 of 2026(2) dt.17-03-2026
                                                       3/3




                     antecedent 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

                     petitioners have antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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