Anand Kumar v. The State of Bihar

Patna HC29 Jun 2026CR. MISC./35966/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Section 438(2) Cr.P.C.; Section 30(a) Excise Act; Bihar excise case; 720 litres liquor recovery near Daha river; Siwan Muffasil P.S. Case No.667 of 2025; clean antecedent verification by trial Court; bail-bonds Rs.500 with two sureties; learned A.P.P. opposition; Satyavrat Verma, J; Patna High Court; CRIMINAL MISCELLANEOUS No.35966 of 2026; decision dated 29-06-2026.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail-bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation by the trial Court contingent on verification of clean antecedents. ¶¶17

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Siwan Muffasil P.S. Case No.667 of 2025, registered for offences punishable under Section 30(a) of the Excise Act (alleged recovery of 720 litres of liquor).

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Court's answer

The petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Ratio / Principle

The learned trial Court, after accepting the provisional bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner.

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Key takeaways

If verification shows that the petitioner has antecedent of even one case, it would be presumed that he concealed his antecedent for obtaining anticipatory bail and the provisional anticipatory bail order shall not be confirmed; if on verification the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶20

Detailed headnote1 paragraphs

Provisional anticipatory bail granted. In CRIMINAL MISCELLANEOUS No.35966 of 2026 (Patna High Court, Satyavrat Verma, J.), the petitioner, sought to be arrested in Siwan Muffasil P.S. Case No.667 of 2025 for an offence punishable under Section 30(a) of the Excise Act (alleged recovery of 720 litres of liquor from bushes near Daha river), was directed to be released on provisional anticipatory bail upon arrest or surrender within six weeks, on bail-bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C. The learned trial Court, after accepting the provisional bail bonds, is to verify the petitioner's criminal antecedents: if even one prior case is found, the petitioner is to be presumed to have concealed his antecedents and the provisional order shall not be confirmed; if clean antecedents are verified, the provisional anticipatory bail order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35966 of 2026

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Arising Out of PS. Case No.-667 Year-2025 Thana- SIWAN MUFFASIL District- Siwan

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

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Anand Kumar S/O Rajesh Kumar @ Rajesh Kumar Kushwaha @ Raju Kushwaha Resident of village- Tarwa, P.S- Siwan Muffasil, Dist- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam For the Opposite Party/s : Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 29-06-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 720 litres of liquor from bushes near Daha river.

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The learned counsel for the petitioner submits that petitioner was not arrested 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 is accessible to public at large and he came to be implicated at the instance of local person, but the name of the person, who

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Patna High Court CR. MISC. No.35966 of 2026(2) dt.29-06-2026 2/3

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disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on secret information and is a person with clean antecedent.

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Learned A.P.P. opposes the anticipatory bail application.

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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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Siwan Muffasil P. S. Case No.667 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner 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 obtaining

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Patna High Court CR. MISC. No.35966 of 2026(2) dt.29-06-2026 3/3

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anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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vikash/-

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U T

Anand Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anand Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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