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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

Shivam Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 414 of the Indian Penal Code read with Sections 30(a), 36 and 41(1) of the Bihar Excise Act for the alleged recovery of 270.72 litres of illicit liquor from a car. The petitioner argued that he had no prior criminal record, was not in possession of the liquor, was not the owner of the vehicle, and that his mobile number was merely used by a friend in the alleged liquor business. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond and two sureties, subject to verification of the petitioner’s antecedent by the trial court. The order further stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the alleged involvement in an offence under the Bihar Excise Act and IPC Section 414.
  • Whether the use of the petitioner’s mobile number by a friend constitutes sufficient ground for arrest.
  • Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • Bihar Excise Act
  • IPC Section 414
  • mobile number evidence
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12116 of 2026
                  Arising Out of PS. Case No.-204 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Shivam Kumar S/o- Dharmendra Singh R/v- Atta SAran Ps- Marhaura Dist-
                 Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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 414 of the

                   Indian Penal Code read with Sections 30(a), 36 and 41(1) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 270.72 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized car and he came to be implicated based on

                   the fact that his mobile number was also used in the business of
Patna High Court CR. MISC. No.12116 of 2026(2) dt.26-02-2026
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          illicit liquor. It is further submitted that merely because the

          mobile of the petitioner was used by his friend, the same in

          itself cannot be a ground for implicating the petitioner in a case

          relating to liquor without holding a proper investigation, when

          petitioner admittedly is a person with clean antecedent.

                       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 Industrial

          P.S. Case No. 204 of 2022 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
            Patna High Court CR. MISC. No.12116 of 2026(2) dt.26-02-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      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.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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