Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bonds and verification of criminal antecedents, with the order to be confirmed or withdrawn based on that verification.
Summary
The petitioners, Raj Kumar and Kunal Kumar, sought anticipatory bail fearing arrest in a case involving alleged recovery of 6,912 litres of liquor from a truck, with charges under Sections 317(5), 111, 61(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. They argued that they were not caught in possession, the seizure was effected by a hostile watchman, and the watchman’s failure to inform police earlier undermined the prosecution’s case. The State opposed the bail, emphasizing the petitioners’ prior criminal antecedents—three cases for Raj Kumar and two for Kunal Kumar. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs. 15,000 with two sureties, subject to verification of the petitioners’ criminal records under Section 482(2) of the Code. It further held that if verification reveals more than the disclosed antecedents, the bail would be withdrawn for the offending petitioner, otherwise the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the petitioners concealed their criminal antecedents, warranting denial of bail.
- Whether the failure of the watchman to inform police earlier affects the prosecution’s case.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 111, 317(5), 61(2)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- liquor seizure
- concealment of antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38976 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran
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1. Raj Kumar S/O Nawal Rai R/O Village- Shershah Road, Mirshikar Toli, P.S-
Alamganj, Distt.- Patna.
2. Kunal Kumar @ Dev Kumar S/O Nawal Rai R/O Village- Shershah Road,
Mirshikar Toli, P.S- Alamganj, Dist.- 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 : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 317(5),
111, 61(2) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases and petitioner no.
2 has antecedent of two cases and allegation is of recovery of
6912 litres of liquor from a truck.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the owner
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of the seized truck and they came to be implicated at the
instance of Chowkidar with whom they are on an inimical term.
It is next submitted that if Chowkidar was aware about the
involvement of the petitioners 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each 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 Sonepur P.S. Case No. 186 of 2025
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 petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner no. 2 has antecedent of more than
two cases then it would be presumed that petitioners, for the
Patna High Court CR. MISC. No.38976 of 2026(2) dt.22-06-2026
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purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of three cases and petitioner no. 2 has antecedent of two cases in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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