Anshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Anshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each upon arrest or surrender before the learned Trial Court within six weeks, subject to Section 482 (2) BNSS conditions and verification of criminal antecedents; confirmation only if clean antecedents are verified. Counsel for the petitioner undertook to deposit Rs. 1500/- with Lawyers' Association, Patna High Court.

Issue for consideration

Whether the petitioner, apprehending arrest in Sripur P.S. Case No. 145 of 2025 registered for offences under Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of the petitioner's arrest or surrender before the learned Trial Court within a period of six weeks from the date of the order, he is to be released on provisional anticipatory bail.

Ratio / Principle

Release to be 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, in connection with Sripur P.S. Case No. 145 of 2025.

Key takeaways

The release is subject to the conditions laid down under Section 482 (2) of the BNSS.ratio¶21
The learned 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 he concealed his antecedent before this Court for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.ratio¶22
If, after verification, 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 — Patna High Court — petitioner apprehending arrest in Sripur P.S. Case No. 145 of 2025 (District Gopalganj) for offence punishable under Section 30(a) of the Bihar Excise Act — allegation of recovery of 78.55 liters of liquor from the petitioner's semi-constructed house — contention that petitioner was not apprehended from the spot, nothing recovered from his conscious possession, the place of recovery does not belong to him, and police implicated him mechanically on the confessional statement of his brother Anil, with whom he has a property dispute; petitioner claimed clean antecedents — State opposed the prayer — HELD: provisional anticipatory bail granted; in the event of arrest or surrender before the learned Trial Court within six weeks, petitioner to be released on 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 — Trial Court to verify criminal antecedents; antecedent of even one case to be presumed concealment and provisional order not to be confirmed, whereas clean antecedents to result in confirmation forthwith — petitioner's counsel undertook to deposit Rs. 1500/- with Lawyers' Association, Patna High Court (Satyavrat Verma, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2939 of 2026

Arising Out of PS. Case No.-145 Year-2025 Thana- SRIPUR District- Gopalganj

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Anshu Kumar S/O Shambhu Chauhan Resident of village- Rakba Khap, P.S.Sripur, Dist.- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 28-01-2026

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 78.55 liters of liquor from semi constructed house of the petitioner.

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 police in a mechanical manner implicated the petitioner

Patna High Court CR. MISC. No.2939 of 2026(2) dt.28-01-2026 2/3

based on confessional statement of his brother, Anil, with whom he is having property dispute in a mechanical manner without holding a proper investigation, when petitioner admittedly is a person with clean antecedent.

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 Sripur P.S. Case No. 145 of 2025 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.2939 of 2026(2) dt.28-01-2026 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.

At this stage, the learned counsel for the petitioner, based on instruction, undertakes to deposit an amount of Rs. 1500/- with Lawyers’ Association, Patna High Court.

(Satyavrat Verma, J)

Rishabh/-

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