Patna High Court
Munna Kumar @ Munna YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to verification of their antecedents and compliance with the stipulated conditions.
Summary
The petitioners, Munna Kumar and Arvind Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 45 litres of liquor from a motorcycle. They argued they have clean antecedents, were not arrested on the spot, and had no conscious possession of the seized liquor or ownership of the motorcycle, claiming the case was based on secret information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties each, and directed verification of the petitioners' criminal antecedents by the trial court. If any antecedent is found, the bail would be cancelled for that petitioner; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in the context of alleged offences under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' claim of clean antecedent and lack of possession affect the grant of anticipatory bail.
- What conditions should be imposed on the provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- seizure of liquor
- secret information
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89255 of 2025
Arising Out of PS. Case No.-143 Year-2023 Thana- SIGAUDI District- Patna
======================================================
1. Munna Kumar @ Munna Yadav Son of Akhilesh Yadav Resident of Village -
Maharajganj, P.S.- Sigori, District - Patna.
2. Arvind Kumar @ Arvind Yadav Son of Ramashray Yadav Resident of
Village - Maharajganj, P.S.- Sigori, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 45 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the
owners of the seized motorcycle and they came to be implicated
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based on secret information which is the easiest way to
implicate someone, when petitioners admittedly are persons
with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each 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 Sigori
P.S. Case No. 143 of 2023, subject to the conditions as laid
down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
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found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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