Patna High Court
Shyam Kumar @ SamarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(A)
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
2/3
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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