Patna High Court

Krishan KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the B.N.S.

Summary

Krishan Kumar applied for anticipatory bail after a case was registered against him under Section 317(5) of the B.N.S. and Section 30(A) of the Excise Act for allegedly recovering 916.200 litres of liquor from nine motorcycles. He asserted a clean antecedent, claimed he was not in possession of the seized vehicles, and argued that the only evidence against him was a confessional statement of another accused, which he said lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent. If any antecedent is found, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.

Issues considered

Whether anticipatory bail can be granted in a case under Section 317(5) B.N.S. and Section 30(A) Excise Act.
Whether a confessional statement of another accused provides sufficient ground to deny anticipatory bail.
Whether verification of the petitioner’s criminal antecedent is required before confirming anticipatory bail.

Legislation cited

B.N.S. — s. 317(5), 482(2)
Excise Act — s. 30(A)

Subjects

anticipatory bail
bail
excise law
liquor seizure
Section 317
Section 30A
Section 482
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64855 of 2025
                      Arising Out of PS. Case No.-244 Year-2025 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Krishan Kumar S/o Nagina Sahani R/o Village- Nonahi, P.S.- Parihar,
                 District- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ayush Kumar
                 For the Opposite Party/s :        Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 317(5) of the B.N.S. and Section 30(A) of the Excise

                   Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 916.200 litres of liquor from nine motorcycles.

                                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 is not the owner of

                   any of the seized vehicle and he came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.64855 of 2025(3) dt.07-01-2026
                                            2/3




          custody, which does not have any evidentiary value.

                       5. Learned A.P.P. Sri Rabindra Kumar 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.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

          Parihar P. S. Case No.244 of 2025, subject to the conditions laid

          down under Section 482(2) of the BNSS.

                       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

          found that petitioner has antecedent of even one case, 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
               Patna High Court CR. MISC. No.64855 of 2025(3) dt.07-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T

Continue reading with your account

Checking your session…