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Patna High Court

SHASHI KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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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