Patna High Court
Satish Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 111(4), 317(4), 482(2)
- Excise Act — s. 30(a)
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
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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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