Patna High Court
Sonam KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court directed that the trial court must verify the petitioner’s criminal antecedent before confirming the provisional anticipatory bail.
Summary
The petitioner, Sonam Kumari, was granted provisional anticipatory bail on 29‑01‑2026. However, the order failed to include a direction for the trial court to verify her criminal antecedent. The petitioner’s counsel sought amendment, arguing that without such verification the bail could be improperly confirmed. The Court inserted paragraphs directing the trial court to verify any prior cases; if any antecedent is found, the bail will not be confirmed, but if she has a clean record, the provisional bail will be confirmed immediately. The remainder of the original order was left unchanged.
Issues considered
- Whether a provisional anticipatory bail order can be confirmed without verification of the petitioner’s criminal antecedent
- Whether the trial court should be directed to verify antecedents before confirming anticipatory bail
Subjects
- anticipatory bail
- provisional bail
- criminal antecedent
- verification
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3593 of 2026
Arising Out of PS. Case No.-587 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Sonam Kumari Wife of Vinay Kumar Resident of Mohalla- Gauragarh, P.S.-
Biharsharif, District- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Kumar
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The learned counsel for the petitioner submits that
by order dated 29-1-2026, the petitioner was granted the
privilege of provisional anticipatory bail, but inadvertently it
appears that while recording the order the direction given to the
learned trial court for verifying the criminal antecedent could
not be recorded.
3. In view of the submission made by the learned
counsel appearing on behalf of the petitioner, after para-6 para-7
is added which reads as follows:-
“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
Patna High Court CR. MISC. No.3593 of 2026(3) dt.31-01-2026
2/2
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before
this Court, as such, the provisional anticipatory bail order shall
not be 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.”
4. Rest of the order shall remain intact.
(Satyavrat Verma, J)
Sumit/-
U T
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