Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court confirmed the provisional anticipatory bail order dated 17-12-2025.
Summary
Anand Kumar sought relief from arrest in connection with PS case No.126 of 2024, which alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Sections 30(a), 32(ii), 32(iii) and 36 of the Bihar Excise Act. He had earlier obtained a provisional anticipatory bail order on 17-12-2025 from a coordinate bench, conditioned on the trial court verifying his criminal antecedent and revoking bail if a greater antecedent was discovered. The petitioner surrendered as directed and was released on the provisional bail, asserting that he has a clean antecedent. The State was unable to produce any evidence contradicting the petitioner's claim. Relying on the petitioner's submissions and the State's failure to rebut, the High Court confirmed the provisional anticipatory bail. The order thereby upheld the bail condition and allowed the petitioner to remain free pending trial.
Issues considered
- Whether the provisional anticipatory bail granted on 17-12-2025 should be confirmed in view of the petitioner's claim of a clean criminal antecedent and the State's inability to rebut.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- provisional bail
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83386 of 2025
Arising Out of PS. Case No.-126 Year-2024 Thana- Jaitpur District- Muzaffarpur
======================================================
Anand Kumar S/o Sri Dinesh Singh @ Umesh Singh Resident of village -
Repura Rampur Bali, P.S - Jaitpur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sagar Kumar
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jaitpur PS Case No. 126 of 2024 registered for the offences
punishable under Sections 274, 275, and 3(5) of BNS and
Sections 30(a), 32(ii), 32(iii) and 36 of the Bihar Excise Act.
3. The learned counsel for the petitioner submits that
petitioner was granted the privilege of provisional anticipatory
bail by an order dated 17-12-2025 by a learned co-ordinate
bench with a condition that the learned trial court thereafter
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
what was pleaded at para-3 of the anticipatory bail application,
in that event the provisional anticipatory bail order shall
Patna High Court CR. MISC. No.83386 of 2025(3) dt.19-01-2026
2/2
automatically lose its force.
4. It is next submitted that petitioner, in compliance of
the order dated 17-12-2025, surrendered and was released on
provisional anticipatory bail. It is further submitted that
petitioner does not have any antecedent rather is a person with
clean antecedent.
5. Learned APP is not in a position to rebut the
submission made by the learned counsel appearing on behalf of
the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, the provisional anticipatory bail
granted to the petitioner by order dated 17-12-2025 stands
confirmed.
(Satyavrat Verma, J)
Sumit/-
U T
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