Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 414
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
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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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