Patna High Court
Kunal Singh @ NatbaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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