Patna High Court
SHASHI KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and surety requirements.
Summary
Shashi Kumar petitioned for anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 1,000 litres of liquor and seizure of a motorcycle. He claimed he was not caught in possession, was not the owner of the vehicle, and was implicated by a hostile chowkidar, with the police extracting his name from a co-accused's confession. The State opposed the bail. The High Court, applying its inherent powers under Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and a verification of his criminal antecedent. If more than five prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed. The petitioner was also directed to deposit Rs. 5,000 with the Lawyers’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s alleged antecedent of five cases affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- bail conditions
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4709 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
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SHASHI KUMAR S/O KANHAI RAY R/O Vill.- Chakiyaz Tola, Chitnawan
Bagicha, P.S.- Maner, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the excise act and allegation is of recovery of 1000
liters of liquor from bank of Ganga, Sone, Sohati river and a
motorcycle was 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 is not the
owner of the seized vehicle and even alleged recovery is from a
Patna High Court CR. MISC. No.4709 of 2026(2) dt.31-01-2026
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place which does not belong to the petitioner and is accessible
to villagers at large and he came to be implicated at the instance
of Chowkidar with whom he is on an inimical term and
thereafter the police made the apprehended accused confess the
name of the petitioner in the occurrence. 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.
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.
25,000/- (Rupees Twenty Five 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 Maner P.S. Case No. 860 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.4709 of 2026(2) dt.31-01-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than five 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 five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Lawyers’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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