Patna High Court

Shivam KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Shivam Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 32.5 litres of liquor and a motorcycle recovered from his uncle's premises. He argued he had a clean antecedent, was not caught with the liquor, did not own the vehicle, and was implicated solely by the watchman. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of the petitioner's criminal antecedents by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act given the facts and his claim of a clean antecedent.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
high court order
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79602 of 2025
                       Arising Out of PS. Case No.-259 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Shivam Kumar S/O Binod Shrivastva R/O Village- Manupur, P.S- Dighwara,
                 Distt.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 32.5 liters of liquor from a room belonging to the

                   uncle of the petitioner along with a motorcycle.

                                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 he came to be implicated at the

                   instance of Chowkidar, but then it is submitted that if
Patna High Court CR. MISC. No.79602 of 2025(3) dt.21-01-2026
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          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       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.

          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 Dighwara

          P.S. Case No. 259 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 even

          one case 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
            Patna High Court CR. MISC. No.79602 of 2025(3) dt.21-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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