Patna High Court
Shrawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Shrawan Kumar was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 552.960 litres of liquor from a bus. He contended that he was not apprehended at the spot, had no conscious possession of the liquor, and was not the owner of the bus, arguing that the investigation relied solely on secret information. The petitioner applied for anticipatory bail, while the State opposed the relief. The Court, invoking Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 25,000 with two sureties and that the trial court verify his criminal antecedent. The order further stipulated that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s criminal antecedent of five prior excise cases affects the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- secret information
- criminal antecedent
- bail bond
- Section 30
- Section 32
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7147 of 2026
Arising Out of PS. Case No.-1635 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Shrawan Kumar S/O Late Ram Pragas Sah Resident of Village- Najarpur,
Ward No. 13,P.S. - Riga, District -Sitamarhi at present residing at
Baswariya,P.S.- Mehsaul, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the excise act and
allegation is of recovery of 552.960 liters of liquor from a bus.
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 bus and he came to be implicated based on
secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.7147 of 2026(2) dt.19-02-2026
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someone. 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.
25000/- (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 Sitamarhi Excise P.S. Case No. 1635 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
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
Patna High Court CR. MISC. No.7147 of 2026(2) dt.19-02-2026
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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.
(Satyavrat Verma, J)
Rishabh/-
U T
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