Patna High Court
Shiv Pujan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to conditions and verification of their antecedents.
Summary
The petitioners, Shiv Pujan Kumar and Suma Kumari, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Sections 30(A) and 32(C) of the Excise Act, alleging recovery of 13.65 litres of beer from a motorcycle they owned. They argued they have clean antecedents, were not arrested at the spot, and that the only evidence against them was a confessional statement of a third person, Dilkhush, which they claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedents and other conditions under Section 438(2) CrPC. The court clarified that if any antecedent is discovered, the bail would not be confirmed. The petitioners also undertook to deposit Rs.1,500 with the Advocate Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) CrPC in a case under the Excise Act.
- Whether the confessional statement of Dilkhush, made in police custody, can be the basis for implicating the petitioners.
- Whether ownership of the seized motorcycle makes the petitioners liable for the alleged offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(A), 32(C)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- vehicle ownership
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5025 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
1. Shiv Pujan Kumar Son of Bijli Yadav R/o Village - Bheriya, P.S. - Dhangay,
Dist. - Gaya Ji.
2. Suma Kumari D/o Krishnadev Yadav R/o Village - Bheriya, P.S. - Dhangay,
Dist. - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Kumar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(A), 32(C) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and petitioner
no.2 is a woman and the allegation is of recovery of 13.65 litres
of beer from a motorcycle.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and petitioner no.2
Patna High Court CR. MISC. No.5025 of 2026(2) dt.02-02-2026
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came to be implicated based on the fact that she is owner of the
seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner no.2 was
completely unaware that Dilkhush would misuse the vehicle in
the manner as alleged as he was also apprehended at the spot
and he came to be implicated based on confessional statement of
Dilkhush in police custody, which does not have any evidentiary
value.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Excise Sherghati P. S. Case No.328 of 2025,
subject to the conditions laid down under Section 438(2) of the
Patna High Court CR. MISC. No.5025 of 2026(2) dt.02-02-2026
3/3
Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons 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
Advocate Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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