Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Summary
Kundan Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 210 litres of liquor from a location adjacent to his house. He argued that he has a clean criminal record, the liquor was not found in his possession, and the investigation relied on secret information. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs. 500 bond with two sureties and directed verification of the petitioner’s antecedent. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed by the court, including verification of criminal antecedent, are appropriate.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- criminal antecedent
- high court powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38018 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- PARANDABAR District- Nawada
======================================================
Kundan Kumar son of Mehendra Rajbanshi @ Bhondu Rajbanshi Resident of
Village-Mohgay, P.S-Parnadawar, District-Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Ranjan Kumar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 is a person with clean antecedent and allegation is of
recovery of 210 litres of liquor from a place in front of the
house of Mahendra.
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 even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house as such he came to be
Patna High Court CR. MISC. No.38018 of 2026(2) dt.17-06-2026
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implicated based on secret information which is the easiest way
to implicate someone without holding a proper investigation.
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 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 Parandawar P.S. Case No. 62 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 confirmed, but after
verification if it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.38018 of 2026(2) dt.17-06-2026
3/3
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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