Created by Fuzzy Cloud

Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Kundan Kumar, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act for allegedly recovering 160 litres of liquor from a scooty. He argued that he was not arrested at the scene, the seized liquor was not in his possession, and he was not the owner of the vehicle, claiming he was implicated by local residents. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of his criminal antecedents within six weeks. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case exists, the bail would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the vehicle justify anticipatory bail.
  • Whether the High Court may impose conditions, including verification of antecedent cases, before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • high court
  • Section 30(a)
  • Section 482(2)
  • bond conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32563 of 2026
                      Arising Out of PS. Case No.-108 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Kundan Kumar S/O Naresh Bhagat @ Naresh Mahto R/O Village-
                 Nuruddinganj Pirdamariya Ghat, Police Station- Malsalami, Distt.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jay Ram Prasad
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026               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 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 160 litres of liquor from a

                   Scooty.

                             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 local people, but then it is submitted that if local people was
Patna High Court CR. MISC. No.32563 of 2026(2) dt.15-05-2026
                                            2/3




          aware about the involvement 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. 5,000/- (Rupees

          Five 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 Malsalami P.S. Case

          No. 108 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 one

          case 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 verification if it is found that petitioner has
              Patna High Court CR. MISC. No.32563 of 2026(2) dt.15-05-2026
                                                          3/3




                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.