Patna High Court
KUNDAN KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of the petitioner’s antecedents, with the order to be confirmed only if the antecedent does not exceed three cases.
Summary
The petitioner, Kundan Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging recovery of 29.1 litres of liquor from a scooty registered in his father's name. The petitioner argued that he was not in possession of the liquor at the time of arrest and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail, citing the petitioner’s antecedent of three prior cases, two of which were also under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if verification reveals more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, granting provisional anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC despite his prior criminal antecedents and the nature of the alleged offence under the Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57434 of 2025
Arising Out of PS. Case No.-248 Year-2022 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
KUNDAN KUMAR S/o- Late Sanjay Mahto Resident of Village- Lazmisagar
Sadhugachhi Police Station- L.N.M.U District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which two
cases are under the Excise Act and allegation is of recovery of
29.1 litres of liquor from a scooty.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that the scooty was registered in the
Patna High Court CR. MISC. No.57434 of 2025(3) dt.06-01-2026
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name of his father who died in the Year 2021. It is next
submitted that no prudent person would use his own vehicle for
committing a crime and thus, would create evidence against
himself and hence, would get implicated. It is further submitted
that petitioner was completely unaware that his friend would
misuse the vehicle in the manner as alleged.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) 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 LNMU (University) P. S. Case No.248 of 2022, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.57434 of 2025(3) dt.06-01-2026
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found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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