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

Sunil Kumar Vs The State of Bihar — 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) of the BNSS, with confirmation by the trial court after verification of the petitioner's criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in Mehandiya P.S. Case No. 211 of 2025 registered for offences punishable under Section 30(a) of the Bihar Excise Act, should be released on anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned trial court within six weeks, the petitioner to be released on furnishing bail bonds of Rs. 500/- 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 Mehandiya P.S. Case No. 211 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner; if the petitioner is found to have antecedent of even one case, it would be presumed that he concealed his antecedent before this Court for the purposes of seeking anticipatory bail.

Key takeaways

Where verification finds the petitioner to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith; conversely, where an antecedent is found, the provisional anticipatory bail order shall not be confirmed.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — provisional grant made subject to antecedent verification. Petitioner apprehending arrest in Mehandiya P.S. Case No. 211 of 2025 (Thana Mehandia, District Jehanabad), registered for offences punishable under Section 30(a) of the Bihar Excise Act — allegation of recovery of 60 litres of liquor from the orchard of Awadhesh Mehta; petitioner contends he was not arrested from the spot, nothing was recovered from his conscious possession, the place does not belong to him, and he was implicated at the instance of the Chowkidar, whose failure to inform the police before the FIR casts an aspersion on the prosecution case. Held: petitioner, in the event of arrest or surrender before the learned trial court within six weeks, to be released on provisional anticipatory bail on 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 to verify criminal antecedents: if even one prior case is found, petitioner presumed to have concealed his antecedents and the provisional order shall not be confirmed; if clean antecedent is verified, the provisional order shall be confirmed forthwith. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89681 of 2025

Arising Out of PS. Case No.-211 Year-2025 Thana- MEHANDIA District- Jehanabad

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

Sunil Kumar S/O Jagan Mahto @ Jagan Singh Resident Of VillageSarwarpur, P.S- Mahediya, Distt.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Nityanand Neeraj For the Opposite Party/s : Mr.Lakshmi Kant Sharma ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 21-01-2026

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

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

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 60 litres of liquor from the orchard of Awadhesh Mehta.

4. 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 even the alleged recovery is from a place which does not belong to the petitioner and petitioner has no concern or relation with Awadhesh and he

Patna High Court CR. MISC. No.89681 of 2025(3) dt.21-01-2026 2/3

came to be implicated at the instance of Chowkidar but then it is submitted that if the Chowkidar was aware about the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.

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

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 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 Mehandiya P.S. Case No. 211 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 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 anticipatory bail order shall not be

Patna High Court CR. MISC. No.89681 of 2025(3) dt.21-01-2026 3/3

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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