Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.