Patna High Court
CR. MISC./59873/2026 of Kamod Kumar Vs The State of Bihar on 21 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59873 of 2026 Arising Out of PS. Case No.-612 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Kamod Kumar, S/o Awadhkishore Prasad @ Awadh Prasad Resident of village - Sungarpur Vrita
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59873 of 2026
Arising Out of PS. Case No.-612 Year-2025 Thana- BANJARIA District- East Champaran ======================================================
Kamod Kumar, S/o Awadhkishore Prasad @ Awadh Prasad Resident of village - Sungarpur Vrita Tola, P.S.- Kesariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Abhishek Kumar
For the Opposite Party/s :
Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
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21-08-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. 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.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 36 litres of liquor from a Toto vehicle.
4. 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 is not the owner of the seized vehicle and is not named in the FIR and he came to be implicated based on confessional statement of Om Prakash Sahani in police which does not have any evidentiary value.
Patna High Court CR. MISC. No.59873 of 2026(2) dt.21-08-2026
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5. Learned A.P.P. opposes the anticipatory bail application.
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 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 Banjariya P. S. Case No.612 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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 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 Patna High Court CR. MISC. No.59873 of 2026(2) dt.21-08-2026
provisional anticipatory bail order shall be confirmed forthwith.
vikash/- (Satyavrat Verma, J) U T
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