Created by Fuzzy Cloud

Patna High Court

Shiv Pujan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.