Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Non-Compulsory Statutes and the Bihar Excise Act, arising from a vehicle stop where a scuffle with police occurred and breathalyzer tests were conducted. The petitioner claimed he was falsely implicated and that the FIR was based merely on suspicion. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent, with confirmation of bail if only one prior case is found, and cancellation if more than one antecedent is discovered. The court emphasized compliance with Section 482(2) of the Bihar Non-Compulsory Statutes.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the alleged offences.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.
Subjects
- anticipatory bail
- criminal procedure
- section 482
- breathalyzer test
- false implication
- provisional bail
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23346 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- AYARKOTHA District- Rohtas
======================================================
Kundan Kumar S/O Birendra Upadhyay @ Birendra Kumar Upadhyay
Resident of Village- Maudiha, P.S.- Ayarkotha, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 Sections 126(2),
115(2), 132, 74, 352, 351(2) and 3(5) of BNS and Section 37 of
the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and the informant alleges
that during course of vehicle checking, a swift car was stopped
and when the driver was asked to show driving license and
dickey of the car, the accused persons started scuffling with the
police and fled away along with the car while other two accused
were directed to undergo breath analyzer test, when they again
scuffled with the police, but then after breath analyzer test,
Patna High Court CR. MISC. No.23346 of 2026(2) dt.09-04-2026
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Piyush was found positive with 83 mg/100 and Sonu found with
zero alcohol.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that entire
allegation hinges around suspicion.
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 Ayarkotha P.S. Case
No. 20 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
Patna High Court CR. MISC. No.23346 of 2026(2) dt.09-04-2026
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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