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Patna High Court

Shyam Kumar @ SamarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.

Summary

Shyam Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(A) of the Excise Act for alleged recovery of 11.90 litres of liquor from a field near an under‑construction house belonging to his family. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and that the alleged recovery was not from his conscious possession. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of his antecedent. The order further stipulated that if any criminal antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for an offence punishable under Section 30(A) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of arrest at the spot justify the grant of anticipatory bail.
  • What conditions should be imposed on the provisional anticipatory bail pending verification of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4536 of 2026
                        Arising Out of PS. Case No.-604 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Shyam Kumar @ Samar S/o Saro Yadav R/o Mohalla - Tikuli, P.S - Bihar
                 Sharif, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjay Kumar
                 For the Opposite Party/s :        Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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) 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 11.90 litres of liquor from a field near an under

                   constructed house.

                                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 even alleged

                   recovery is from a place near an under constructed house and he

                   came to be implicated merely for the reason that the house
Patna High Court CR. MISC. No.4536 of 2026(2) dt.31-01-2026
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          under construction belongs to him and his family members, but

          then, the recovery is from a place does not belong to the

          petitioner, but then, is adjacent to his house. It is also submitted

          that informant falsely alleges that petitioner was arrested from

          the spot when he was not present at the place of occurrence

          rather the police is trying to falsely implicate the petitioner

          merely for the reason that the house under construction belongs

          to the petitioner and his family members, 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

          Biharsharif P. S. Case No.604 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.4536 of 2026(2) dt.31-01-2026
                                                           3/3




                                      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

                         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.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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