Patna High Court
Fantush Kumar @ Viraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedents.
Summary
Fantush Kumar (Viraj Kumar) applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act and Section 317(5) of the Bihar Narcotic Substances Act, alleging recovery of 90 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, did not have possession of the seized vehicle, and was implicated by a watchman with whom he has an inimical relationship. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the CrPC and verification of his criminal antecedents by the trial court. The order conditions that if more than one prior case is found, the bail may be cancelled; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Bihar Narcotic Substances Act
- Section 30
- Section 317
- Section 482
- high court
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87542 of 2025
Arising Out of PS. Case No.-338 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Fantush Kumar @ Viraj Kumar S/o Rambhajju Yadav Resident of Village-
Sohda, P.S.- Rajauli, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 and Section 317(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 90 litres of liquor from a
motorcycle.
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
the seized vehicle and he came to be implicated at the instance
of Chaukidar with whom he is on an inimical term. It is further
Patna High Court CR. MISC. No.87542 of 2025(3) dt.20-01-2026
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submitted that if Chaukidar was aware of the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution.
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.5,000/- (Rupees Five 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 Rajauli P. S. Case No.338 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 more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.87542 of 2025(3) dt.20-01-2026
3/3
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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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