Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 170.490 litres of liquor. He argued that the liquor was seized from a public area, not from his possession, and that the complainant (a watchman) had a personal enmity with him, raising doubts about the prosecution's case. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail would be cancelled; if only one prior case, the bail would be confirmed. The order was made under Section 482(2) of the BNSS, directing the trial court to verify antecedents.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a public place justifies denial of bail.
- Whether the petitioner’s criminal antecedent should affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17888 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Kundan Kumar Son of Nand Kishore Yadav @ Nand Kishor R/o Village -
Machhargawa, P.S. - Bairiya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 170.490 liters of liquor from sacks
near a dam.
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
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.17888 of 2026(2) dt.19-03-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
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, 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.
5,000/- (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 Bairiya
P.S. Case No. 90 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.17888 of 2026(2) dt.19-03-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U
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