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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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