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Patna High Court

Fantush Kumar @ Viraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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