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Patna High Court

SUDHIR KUMAR KUNWAR @ SUDHIR KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.29984 of 2026(2) dt.06-05-2026
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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
              Patna High Court CR. MISC. No.29984 of 2026(2) dt.06-05-2026
                                                          3/3




                        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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