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Patna High Court

Munna Kumar @ Munna YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.89255 of 2025(3) dt.21-01-2026
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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
              Patna High Court CR. MISC. No.89255 of 2025(3) dt.21-01-2026
                                                          3/3




                        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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