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Patna High Court

Kunal Singh @ NatbaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.

Summary

The petitioner, Kunal Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 600 litres of liquor from a public ghat. He argued that he has a clean antecedent, was not in possession of the liquor at the time of arrest, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the bail will not be confirmed; if the petitioner is found to have a clean record, the provisional bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the lack of possession and omission of the informant’s name in the FIR justify granting bail.
  • Whether the trial court must verify the petitioner’s antecedent before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Bihar Prohibition and Excise Act
  • clean antecedent
  • possession
  • Cr.P.C. Section 438
  • B.N.S.S. Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26557 of 2026
                      Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Kunal Singh @ Natba Son of Rampreet Singh R/O - Bundeltoli, P.S.-
                 Malsalami, Distt.- Patna
                                                                    ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 600 litres of liquor from Nurddinganj Ghat.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the 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

                   at the instance of the local person but then it is submitted that

                   the name of the person who disclosed the name of the petitioner
Patna High Court CR. MISC. No.26557 of 2026(2) dt.22-04-2026
                                            2/3




          is not disclosed in the FIR which casts an aspersion on the case

          of the prosecution, when petitioner has not been implicated

          based on the secret information and is a person with clean

          antecedent.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) 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 Malsalami P.S.

          Case No. 156 of 2026, 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. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.26557 of 2026(2) dt.22-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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