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Patna High Court

Rana Sukanta KunduversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedent.

Summary

Petitioner Rana Sukanta Kundu, a resident of West Bengal, feared arrest in a case registered under several IPC sections and the Bihar Prohibition and Excise Act for alleged recovery of spirits, alum and liquor from the houses of seven accused. No liquor or alum was seized from his premises; the prosecution’s case relied on a receipt seized from another accused’s house linking the petitioner to the purchase of lubricants. The petitioner, claiming a clean antecedent, applied for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and conditions under Section 482(2) of the B.N.S.S. The order also required a deposit of Rs.1500 with the Advocates’ Association. The bail will be confirmed if the petitioner is found to have no prior criminal record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations under IPC and the Bihar Prohibition and Excise Act
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Prohibition and Excise Act
  • Section 482
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89075 of 2025
                      Arising Out of PS. Case No.-28 Year-2023 Thana- BASANTPUR District- Siwan
                 ======================================================
                 Rana Sukanta Kundu Son of Ratanlal Kundu Resident of - 13/8C Arif Raod,
                 Kolkata, Ultadanga Main Road, S.O., P.S.- Ultadanga, District - Kolkata
                 (West Bengal) 700067.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 272, 273, 328, 308,

                   304, 120(B) and 34 of the Indian Penal Code as well as Sections

                   30(a), 37(b), 33 and 34 of Bihar Prohibition and Excise Act,

                   2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of spirit along with 50 Kgs. of Alum and 10

                   litres of liquor from the houses of seven different accused

                   persons. It is next submitted that petitioner was not arrested

                   from the spot, as such, nothing was recovered from his
Patna High Court CR. MISC. No.89075 of 2025(2) dt.30-01-2026
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          conscious possession and not a single litre of liquor, spirit or

          Alum was recovered from his house and he came to be

          implicated based on a receipt, which was seized from the house

          of    Deepak        Kumar        relating      to    purchase   of   some

          lubricants/chemicals from the shop of the petitioner at West

          Bengal. It is next submitted that this amply demonstrates that

          how police in mechanical manner investigates and implicates. It

          is also submitted that petitioner is a resident of West Bengal.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-1, Siwan in connection with Basantpur (Lakri

          Nawiganj O.P.) P.S. Case No.28 of 2023, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.89075 of 2025(2) dt.30-01-2026
                                                           3/3




                         accepting the provisional bail bond 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

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

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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