Created by Fuzzy Cloud

Patna High Court

Sonu Kumar @ Sonu Kumar SInghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court modified the provisional anticipatory bail order to acknowledge the petitioner’s two prior cases and conditioned its confirmation on verification by the trial court.

Summary

The petitioner, Sonu Kumar, was granted provisional anticipatory bail on 8‑January‑2026, but the order incorrectly stated that he had a clean antecedent despite a supplementary affidavit showing two prior cases. The petitioner’s counsel argued that the trial court must verify his criminal record and that the bail order should be modified to reflect the true antecedent. The court examined the affidavit and amended paragraphs of the bail order to acknowledge the two prior cases and to condition confirmation of bail on the trial court’s verification. It clarified that if more than two prior cases are found, the bail would not be confirmed; if exactly two, the provisional bail would be confirmed. The remainder of the original order was left unchanged.

Issues considered

  • Whether the provisional anticipatory bail order should be modified to reflect the petitioner’s actual criminal antecedent
  • Whether the trial court must verify the antecedent before confirming the bail
  • Effect of concealment of antecedent on the validity of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • criminal antecedent
  • order modification
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90782 of 2025
                        Arising Out of PS. Case No.-143 Year-2025 Thana- Salmari District- Katihar
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Singh Son of Bablu SIngh R/o Village -
                 Basandh, P.S. - Balia Belon, Dist. - Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shivendra Prasad
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioner submits that

                   petitioner was granted the privilege of provisional anticipatory

                   bail by an order dated 8-1-2026, but in the order dated 8-1-2026

                   it was recorded that petitioner is a person with clean antecedent,

                   when he has antecedent of two cases and the same fact was

                   brought on record by way of supplementary affidavit filed on

                   16-12-2025, but then the same could not be brought to the

                   notice of the court when the order dated 8-1-2026 was being

                   passed. It is next submitted that petitioner was granted the

                   privilege of provisional anticipatory bail with a condition that

                   the learned trial court shall verify his criminal antecedents.

                             3.    In view of the submissions made by learned
Patna High Court CR. MISC. No.90782 of 2025(3) dt.29-01-2026
                                            2/3




          counsel for the petitioner and after perusing the supplementary

          affidavit, para-3, 6 and 7 of order dated 8-1-2026 are modified

          to the extent to read as -

                  “3. Learned counsel for the petitioner submits that the

          petitioner has antecedent of two cases and allegation is of

          recovery of 81 litres of liquor from a motorcycle.

                  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 trial court

          within a period of six weeks from 8-1-2026, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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 Salmari

          P.S. Case No. 143 of 2025 (CIS Reg. No. 181 of 2025), subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                  7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.90782 of 2025(3) dt.29-01-2026
                                                          3/3




                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.”

                                 4.     The order dated 8-1-2026 has been modified for the

                        reason that the supplementary affidavit was already on record,

                        when the order dated 8-1-2026 was passed.

                                 5.     The order dated 8-1-2026 is modified to the extent

                        indicated above. Rest of the order shall remain intact.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.