Patna High Court

Kishan KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Kishan 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 allegedly recovering 69.3 litres of liquor from a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and that the seized vehicle does not belong to him, claiming the investigation was based on secret information. The State opposed the bail, contending that the allegations warrant detention. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his clean record is confirmed, the provisional bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
Whether the petitioner’s claim of a clean antecedent and lack of possession of the seized vehicle warrants bail
Whether the conditions imposed under Section 438(2) are appropriate

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Excise Act — s. 30(a)

Subjects

anticipatory bail
Section 438 CrPC
Excise Act
clean antecedent
provisional bail
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.624 of 2026
                        Arising Out of PS. Case No.-45 Year-2024 Thana- BIRPUR District- Supaul
                 ======================================================
                 Kishan Kumar S/o Pappu Bhagat R/o Ward No. 2, Kumar Chowk Birpur,
                 P.S.- Birpur, Distt.- Supaul, Bihar- 854340

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nawaz Shareef
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 69.3 litres of liquor from a motorcycle.

                                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 is not the owner of

                   seized vehicle and he came to be implicated based on secret

                   information, which is the easiest way to implicate someone

                   without holding a proper investigation, when admittedly
Patna High Court CR. MISC. No.624 of 2026(2) dt.15-01-2026
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          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

          Birpur P. S. Case No.45 of 2024, subject to the conditions laid

          down under Section 438(2) of the 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 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
               Patna High Court CR. MISC. No.624 of 2026(2) dt.15-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T

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