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Patna High Court

Shivam Kumar @ Shivjanma KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail, subject to surrender, bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Shivam Kumar sought anticipatory bail after the police registered a case under Sections 30(a) and 30(c) of the Bihar Excise Act alleging that liquor and spirits were recovered from an uncultivated field and two motorcycles owned by him. The petitioner argued that the seized liquor was not in his possession, the vehicles were owned by him but were misused by a friend, and he had no knowledge of the alleged offence. The State opposed the bail, contending that the petitioner had prior criminal antecedents. The Court granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.15,000 with two sureties, and that the trial court verify his criminal record. The order also stipulated that if more than three prior cases are discovered, the bail would be withdrawn; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS despite alleged involvement in offences under the Bihar Excise Act.
  • Whether the petitioner’s ownership of the seized vehicles and alleged lack of knowledge of the offence affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent (three cases) disqualifies him from anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37944 of 2026
                       Arising Out of PS. Case No.-173 Year-2026 Thana- OBRA District- Aurangabad
                 ======================================================
                 Shivam Kumar @ Shivjanma Kumar S/o Rampravesh Singh R/O Village -
                 Mastalichak @ Mastlichak, P.S. - Obra, District - Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Chandra Gandhi
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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

                   30(c) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 138

                   liters of liquor from a uncultivated field, 350 liters of spirit from

                   two motorcycles were seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.37944 of 2026(2) dt.17-06-2026
                                            2/3




          and he came to be implicated based on the fact that he is owner

          of one of the seized vehicles. It is next submitted that no prudent

          person would use his own vehicle for committing an occurrence

          and thus would create evidence against himself and hence

          would get implicated, it is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled 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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15000/- (Rupees Fifteen 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 Obra P.S.

          Case No. 173 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.37944 of 2026(2) dt.17-06-2026
                                                        3/3




                      than three cases then it would be presumed that petitioner, for

                      the purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                    (Satyavrat Verma, J)
Rishabh/-

U      T


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