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Patna High Court

Satish Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, directing provisional bail subject to verification of antecedent and conditions under Section 482(2) of the B.N.S.

Summary

Satish Kumar applied for anticipatory bail after a case was registered against him under Sections 317(4) and 111(4) of the B.N.S. and Section 30(a) of the Excise Act for allegedly recovering 750 litres of liquor from ten motorcycles. The petitioner claimed a clean antecedent and argued that he was not arrested at the spot and had no ownership of the seized motorcycles. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with conditions under Section 482(2) of the B.N.S. The order was made conditional that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 317(4) and 111(4) of the B.N.S. and Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail.
  • What conditions, if any, should be imposed on the provisional anticipatory bail pending verification of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • clean antecedent
  • liquor seizure
  • Section 482
  • B.N.S.
  • Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17978 of 2026
                     Arising Out of PS. Case No.-266 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Satish Kumar @ Chhotu S/o- Om Prakash Yadav Resident Of Village-
                 Pachamba Ps- Kawakole District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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

                   Sections 317(4) and 111(4) of the B.N.S. and 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 750 litres of liquor from ten different

                   motorcycles.

                                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

                   any of the seized motorcycles and he came to be implicated
Patna High Court CR. MISC. No.17978 of 2026(2) dt.16-04-2026
                                            2/3




          based on secret information, which is the easiest way to

          implicate someone without holding a proper investigation, when

          admittedly petitioner is a person with clean antecedent.

                       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

          Kawakole P. S. Case No.266 of 2025, subject to the conditions

          laid down under Section 482(2) of the BNSS.

                       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,
               Patna High Court CR. MISC. No.17978 of 2026(2) dt.16-04-2026
                                                           3/3




                         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

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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