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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to bond, sureties and verification of the petitioner’s criminal antecedents, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Shivam Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a motorcycle not owned by him and that he was not arrested at the spot. He contended that the FIR did not disclose the informant who implicated him and that the police had mechanically implicated him without proper investigation. The State opposed the anticipatory bail. The High Court, exercising its inherent powers under Section 482(2) of the Code of Criminal Procedure, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, directing the trial court to verify his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of recovery from the accused's possession and non‑ownership of the seized vehicle justify granting anticipatory bail.
  • Whether the High Court may impose conditions and direct verification of antecedents under its inherent powers under Section 482(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Section 482
  • provisional bail
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.404 of 2026
                       Arising Out of PS. Case No.-189 Year-2025 Thana- THAWE District- Gopalganj
                 ======================================================
                 Shivam Kumar S/o- Nagendra Mahto R/v- Vrindavan Sadashi Ray @ Saashi
                 Rai ka Tola Ps- Uchkagaon Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 134.400 litres of liquor from a

                   motorcycle. It is next submitted 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 vehicle

                   and he came to be implicated at the instance of local person but

                   then name of the person, who disclosed the name of the

                   petitioner, is not disclosed in the FIR, which casts an aspersion
Patna High Court CR. MISC. No.404 of 2026(2) dt.15-01-2026
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          on the case of the prosecution. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-XIII-cum-Special Excise Court No.-

          I, Gopalganj in connection with Thawe P.S. Case No.189 of

          2025, subject to the conditions laid down under Section 482(2)

          of the B.N.S.S.

                       6. The application stands allowed.

                       7. 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
               Patna High Court CR. MISC. No.404 of 2026(2) dt.15-01-2026
                                                           3/3




                         found that petitioner has antecedent of more than 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 has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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