Patna High Court
Desh Bandhu KunduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
Desh Bandhu Kundu, the owner of a vehicle from which 0.750 litre of liquor was recovered, was charged under Sections 30(a) and 32(3) of the Bihar Excise Act. He pleaded that he had a clean antecedent, was not in possession of the liquor, and was unaware that a co‑accused named Amit would misuse his vehicle. The petitioner sought anticipatory bail, while the State opposed the relief. The Court considered the submissions and, noting the petitioner’s claim of innocence and lack of direct possession, granted provisional anticipatory bail on the condition of furnishing a bail bond and two sureties, subject to verification of his criminal antecedent. The order further provided that if any antecedent is discovered, the bail would be cancelled, but if the petitioner is found to have a clean record, the bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether ownership of the vehicle, without actual possession of the contraband, suffices to sustain the charges under the Bihar Excise Act.
- Whether the petitioner’s alleged clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- ownership of vehicle
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33551 of 2026
Arising Out of PS. Case No.-176 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Desh Bandhu Kundu S/o Maharanjan Kundu R/o Village - Mathurapur, P.S -
Manichak, District - Malda (WB)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 0.750 liter of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.33551 of 2026(2) dt.14-05-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Amit would misuse the vehicle in the manner as alleged who
was also apprehended from the spot along with three named
accused persons.
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.
500/- (Rupees Five Hundred) 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 Madya
Nisedh P.S. Case No. 176 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 even 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
Patna High Court CR. MISC. No.33551 of 2026(2) dt.14-05-2026
3/3
confirmed, but after verification if it is found that petitioner is a
person 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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