Patna High Court
Shivam Kumar @ Shubhankar Yadav @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedent.
Summary
Shivam Kumar applied for anticipatory bail in a case under Sections 30(a), (c), (d) and 32(3) of the Excise Act for allegedly recovering 15 litres of liquor from a motorcycle. He asserted that he has a clean antecedent, was not arrested at the spot, did not have the seized vehicle in his possession, and that the informant’s name was omitted from the FIR. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise offence case given the alleged lack of possession and clean antecedent.
- Whether the court can condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 30(c), 30(d), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- clean antecedent
- provisional bail
- verification of antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32186 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- EXCISE GOGRI District- Khagaria
======================================================
Shivam Kumar @ Shubhankar Yadav @ Shiv Kumar S/o Nandan Yadav R/O-
Village- Vidyarthi Tola, Ward No- 12, P.S- Maheshkhunt, Dist- khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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)(c)(d) and 32(3) 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 15 litres of liquor from a 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 is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
Patna High Court CR. MISC. No.32186 of 2026(2) dt.13-05-2026
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which casts an aspersion on the case of the prosecution, 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
Gogari Excise P. S. Case No.51 of 2026, 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
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
Patna High Court CR. MISC. No.32186 of 2026(2) dt.13-05-2026
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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/-
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