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Patna High Court

Kittu Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.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

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
Patna High Court CR. MISC. No.25614 of 2026(2) dt.21-04-2026
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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
               Patna High Court CR. MISC. No.25614 of 2026(2) dt.21-04-2026
                                                           3/3




                         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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