Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
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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