Patna High Court
Sonu Kumar @ Sonu Kumar SInghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments Act — s. 482(2)
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
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