Lalit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Lalit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: release upon arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS; confirmation of the provisional order made conditional on the trial court's verification of the petitioner's criminal antecedent.

Issue for consideration

Whether the petitioner, who apprehends arrest in Khajauli P.S. Case No. 93 of 2025 (offences punishable under Sections 274, 275, 3(5) of BNS and Section 30(a) of the Bihar Excise Act), should be released on provisional anticipatory bail. +1 more

Court's answer

In the event of arrest or surrender before the learned trial court within a period of six weeks, the petitioner is to be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned trial court, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Thereafter the trial court shall verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of even one case, it would be presumed that the petitioner had concealed his antecedent for the purposes of seeking anticipatory bail, and accordingly the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, after verification, the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail - Lalit Kumar v. State of Bihar (Patna High Court, Criminal Miscellaneous No.59616 of 2025, Satyavrat Verma J, oral order dated 17-11-2025), arising out of Khajauli P.S. Case No. 93 of 2025 (District Madhubani), registered for offences punishable under Sections 274, 275 and 3(5) of BNS and Section 30(a) of the Bihar Excise Act. Petitioner apprehending arrest was granted Provisional anticipatory bail: he is to be arrested or surrender before the learned trial court within six weeks and furnish bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions laid down under Section 482(2) of the BNSS. Confirmation of the provisional order was made expressly conditional on verification of criminal antecedents by the trial court: if even one antecedent case is found, the petitioner is presumed to have concealed his antecedents and the provisional order shall not be confirmed; if found to be of clean antecedent, the provisional order shall be confirmed forthwith. Counsel for the petitioner submitted that he has clean antecedents, that the allegation concerns recovery of 4.500 litres of liquor from a motorcycle, and that he was not arrested from the spot, being implicated as the owner of the seized vehicle; these were submissions, not findings of the Court. No precedent was cited or engaged with. Single-judge order; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59616 of 2025

Arising Out of PS. Case No.-93 Year-2025 Thana- KHAJAULI District- Madhubani

======================================================

Lalit Kumar S/O Late Ramcharitar Sah Resident of Village- Barhi, P.SJaynagar, Dist.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar Sah For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 17-11-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defect as pointed out by the office stands

removed.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274, 275 and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4.500 litres of liquor from a motorcycle.

5. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized

Patna High Court CR. MISC. No.59616 of 2025(4) dt.17-11-2025 2/3

vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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 today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Khajauli P.S. Case No. 93 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. 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 even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this

Patna High Court CR. MISC. No.59616 of 2025(4) dt.17-11-2025 3/3

Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Sumit/-

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