Patna High Court
SUDHIR KUMAR KUNWAR @ SUDHIR KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond, sureties, and verification of antecedent cases.
Summary
The petitioner, Sudhir Kumar Kunwar, sought anticipatory bail after a FIR was lodged alleging his involvement in the recovery of 311.34 litres of liquor from a vehicle, invoking Section 281 of the Bihar Negotiable Instruments Act and Section 30(a) of the Bihar Excise Act. He contended that he was not arrested at the scene, had no possession of the liquor, was not the owner of the vehicle, and was implicated by a watchman with whom he has a hostile relationship. The State opposed the bail, arguing the seriousness of the offences. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of liquor under Section 281 of the Bihar Negotiable Instruments Act and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the lack of seizure from the petitioner’s conscious possession weakens the prosecution’s case.
Legislation cited
- Bihar Negotiable Instruments Act — s. 281, 482(2)
Subjects
- anticipatory bail
- Section 281
- Section 30(a)
- Bihar Excise Act
- criminal antecedent
- provisional bail
- liquor seizure
- watchman
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29984 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Sudhir Kumar Kunwar @ Sudhir Kumar S/O Birendra Kunwar R/O Village-
Senduar Kunwar Tola, Dayalpur, Ps- Janta Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 281 of BNS
and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 311.34 litres of liquor from a car.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar with whom he is on an inimical term. It is next
submitted that if Chowkidar was aware about the involvement
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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.
10,000/- (Rupees Ten 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 Janta
Bazar P.S. Case No. 89 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 two cases 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 confirmed, but after
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verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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