Khaltha Kumar @ Saurav Kumar @ Saurabh Kumar @ Khalta Vs The… — Anticipatory Bail | Patna HC (2026)

Khaltha Kumar @ Saurav Kumar @ Saurabh Kumar @ Khalta Vs The… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of clean criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Begusarai Excise P.S. Case No. 396 of 2024 registered for offence punishable under Section 30(a) of the Bihar Excise Act, should be released on anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned Trial Court within a period of six weeks from the date of the order, 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 where the case is pending (or successor court), subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Thereafter the learned Trial Court shall verify the petitioner's criminal antecedents: if it is found that the petitioner has an antecedent of even one case, it would be presumed that he had concealed his antecedent before this Court and the provisional anticipatory bail order shall not be confirmed; if the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail - Bail granted (provisional) - Offence under Section 30(a) of the Bihar Excise Act - Begusarai Excise P.S. Case No. 396 of 2024 - Petitioner apprehending arrest on allegation of recovery of 26.25 liters of liquor from the house of Viru Kumar, with whom he claims no relation, and contending that he was not apprehended from the spot and that the person who disclosed his name is unnamed in the FIR - Patna High Court orders that in the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS - Trial Court directed to verify criminal antecedents; if even one antecedent case is found, the provisional order shall not be confirmed (concealment presumed); if antecedents are clean, the provisional order shall be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.197 of 2026

Arising Out of PS. Case No.-396 Year-2024 Thana- Excise P.S. District- Begusarai

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Khaltha Kumar @ Saurav Kumar @ Saurabh Kumar @ Khalta S/O Umesh Singh R/O Ward no. 21, Asrahpur Tola, Bihat Nagar Parishad, P.S.- F.C.I., Dist.- Begusarai- 851135

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Nishant Sinha, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 15-01-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 26.25 liters of liquor from house of Viru Kumar.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he has no concern or relation with Viru and he came to be

Patna High Court CR. MISC. No.197 of 2026(2) dt.15-01-2026 2/3

implicated at the instance of local person, but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

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

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 Begusarai Excise P.S. Case No. 396 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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 Court, as such, the provisional

Patna High Court CR. MISC. No.197 of 2026(2) dt.15-01-2026 3/3

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)

Rishabh/-

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