Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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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