Patna High Court
Shivam Das @ Shibam DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Shivam Das, the owner of a motorcycle from which 750 ml of liquor was seized, applied for anticipatory bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, claiming he was not present at the spot of seizure and was unaware of his friend’s alleged misuse of the vehicle. The State opposed the bail. The Patna High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. The court stipulated that if the petitioner is found to have more than two prior cases, the bail will not be confirmed; if only two, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances.
- Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the offence justify anticipatory bail.
- What conditions may be imposed on anticipatory bail pending verification of criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26678 of 2026
Arising Out of PS. Case No.-984 Year-2024 Thana- Excise P.S. District- Kishanganj
======================================================
Shivam Das @ Shibam Das Son of Anil Das Resident of Village- Majhiya
Kumhar Tola, P.S.- Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Dr. (Mr.) Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 750 ml. of
liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.26678 of 2026(2) dt.23-04-2026
2/3
and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his friend, namely, Anurag Sah would
misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) 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 Excise P.S. Case
No. 984 of 2024 giving rise to Special Case No. 1001 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than two
cases, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.26678 of 2026(2) dt.23-04-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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