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Patna High Court

Shivam Kumar @ Shubhankar Yadav @ Shiv KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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