Patna High Court
Rana Sukanta KunduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 33, 34, 37(b)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 120B, 272, 273, 304, 308, 328, 34
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
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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
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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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