Allowed¶18

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal v. The State of Bihar

Patna HC23 Feb 2026CR. MISC./9418/2026

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.9418 of 2026; CR. MISC.; anticipatory bail; provisional anticipatory bail; Bihar Excise Act; Section 30(a); Section 41(i); Section 482(2) BNSS; criminal antecedent verification; concealment of antecedents; seven cases; 3602 litres liquor recovery from truck; Kalyanpur P.S. Case No. 8 of 2026; Samastipur; Chowkidar implication; bail bonds Rs. 35,000; two sureties; Satyavrat Verma; 23-02-2026

What did the court decide?

Provisional anticipatory bail granted: release on arrest or surrender within six weeks upon bail bonds of Rs. 35,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on the Trial Court's verification that the petitioner's antecedents do not exceed the seven cases stated. ¶18

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Kalyanpur P.S. Case No. 8 of 2026, registered under Sections 30(a) and 41(i) of the Bihar Excise Act.

¶12

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 35,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

¶18

Ratio / Principle

The Trial Court shall verify the petitioner's criminal antecedents; if more than seven cases are found, the petitioner would be presumed to have concealed his antecedents for the purpose of seeking anticipatory bail and the provisional anticipatory bail order shall not be confirmed.

¶20

Key takeaways

If after verification it is found that the petitioner has antecedents of exactly seven cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶20

Detailed headnote1 paragraphs

ANTICIPATORY BAIL (PROVISIONAL) - Bihar Excise Act prosecution. Petitioner Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal, apprehending arrest in Kalyanpur P.S. Case No. 8 of 2026 (District Samastipur) registered under Sections 30(a) and 41(i) of the Bihar Excise Act. Counsel stated the petitioner has antecedents of seven cases under the Excise Act and that the allegation is of recovery of 3602 litres of liquor from a truck; counsel also pleaded conscious possession, non-ownership of the seized vehicle and implication at the instance of a Chowkidar with whom he is on inimical terms, alleging mechanical implication in excise cases. Held: on arrest or surrender before the trial court within six weeks, petitioner to be released on provisional anticipatory bail on bail bonds of Rs. 35,000/- (Rupees Thirty-five Thousand) 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 more than seven cases are found, concealment is presumed and the provisional bail order shall not be confirmed; if seven cases are verified, the order shall be confirmed forthwith. Coram: Satyavrat Verma, J (single judge). Order dated 23-02-2026.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9418 of 2026

¶2

Arising Out of PS. Case No.-8 Year-2026 Thana- KALYANPUR District- Samastipur

¶3

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

¶4

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal S/o Late Brij Mohan Singh Resident of village - Ladaura, P.s - Kalyanpur, DistSamastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Anish Kumar For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 23-02-2026

¶11

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

¶12

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Excise Act.

¶13

3. Learned counsel for the petitioner submits that the petitioner has antecedent of seven cases under the Excise Act and allegation is of recovery of 3602 litres of liquor from a truck.

¶14

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 is not the owner of the seized vehicle and he came to be implicated at the instance

¶15

Patna High Court CR. MISC. No.9418 of 2026(2) dt.23-02-2026 2/3

¶16

of Chowkidar with whom he is on an inimical term. It is next 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. It is also submitted that petitioner earlier also came to be implicated in a similar manner. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

¶17

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

¶18

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. 35,000/- (Rupees Thirty-five Thousand) 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 Kalyanpur P.S. Case No. 8 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶19

Patna High Court CR. MISC. No.9418 of 2026(2) dt.23-02-2026 3/3

¶20

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 more than seven cases 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 confirmed, but after verification if it is found that petitioner has antecedent of seven cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶21

(Satyavrat Verma, J)

¶22

Sumit/-

¶23

U T

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kara Ray @ Dinesh Ray @ Kiran Ray @ Dinelsh Ray Vs The State of Bihar

Santosh Kumar @ Kausa Vs The State of Bihar

Chhotu Kumar @ Prakash Kumar Vs The State of Bihar

Archana Devi Vs The State of Bihar

Rameshwar Dhangad @ Rameshwar Mahto Vs The State of Bihar

Shiv Kumari Devi Vs The State of Bihar