Patna High Court
Kittu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Kittu Kumar Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of liquor from two motorcycles he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicles. The State opposed the bail, contending the seriousness of the offence. The 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. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s lack of prior criminal antecedent justifies the grant of bail
- Whether the petitioner’s ownership of the vehicles implicates him in the alleged offence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25614 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- PANJWARA District- Banka
======================================================
Kittu Kumar Singh S/o Pawan Kumar Singh R/o Village - Kurmadih, P.S -
Sambhuganj, District - Banka
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mudit Meet
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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
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 2.250 litres of liquor from a motorcycle and 1.5
litres of liquor from another motorcycle.
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 he came to be
implicated based on the fact that he is owner of one of the
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seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Karan would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Piyush and Abhishek.
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
Panjwara P. S. Case No.131 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
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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
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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