Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of antecedents and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Kundan Kumar, Rudal Kumar and Suresh Das, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 900 litres of liquor from a motorcycle, although no liquor was seized from them and the informant’s identity was omitted from the FIR. They sought anticipatory bail, arguing they have clean antecedents and were not apprehended at the spot. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners surrendering within six weeks, furnishing bail bonds and sureties, and subject to verification of their criminal antecedents under Section 482(2) of the CrPC. The Court clarified that if any antecedent is discovered, the bail would be withdrawn, but if verification confirms clean records, the provisional bail would be confirmed. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the CrPC in a case registered under Section 30(a) of the Bihar Excise Act.
- Whether the absence of seizure from the petitioners' possession and the non-disclosure of the informant in the FIR affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30512 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
======================================================
1. Kundan Kumar S/o Naresh Bhagat @ Chinta Rai R/o Village- Nuruddinganj
Ghat, PS- Malsalami, Distt- Patna
2. Rudal Kumar S/o Naresh Bhagat @ Chinta Rai R/o Village- Nuruddinganj
Ghat, PS- Malsalami, Distt- Patna
3. Suresh Das S/o Tuntun Das R/o Village- Nuruddinganj Ghat, PS- Malsalami,
Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. The learned counsel for the petitioner submits that
the case diary was called for and the same has been received.
4. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 900 liters of liquor from a motorcycle.
5. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.30512 of 2026(3) dt.23-06-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and they came to
be implicated at the instance of local person, but then the name
of the person who disclosed the name of the petitioners is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution, when petitioners admittedly are persons with clean
antecedent and have not been implicated based on secret
information.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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. 114 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
8. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that any of the petitioners have antecedent of
Patna High Court CR. MISC. No.30512 of 2026(3) dt.23-06-2026
3/3
even one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to the petitioner who
had concealed his antecedent, but after verification if it is found
that petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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