Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedents.
Summary
Shivam Kumar applied for anticipatory bail after learning that he may be arrested under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for allegedly recovering 13.5 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and that the informant who implicated him was not named in the FIR. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail may be revoked; if only two, the bail will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
- Whether verification of the petitioner’s criminal antecedents can affect the confirmation of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 30
- Section 47
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83573 of 2025
Arising Out of PS. Case No.-629 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Shivam Kumar Son of Vavalu Kumar @ Mallu Singh Resident of Village-
Samai, P.S.- Muffasil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 47 of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 13.5 litres of liquor from a
motorcycle. It is next submitted that petitioner was not arrested
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 local person but
then name of the person, who disclosed the name of the
petitioner, is not disclosed in the FIR, which casts an aspersion
Patna High Court CR. MISC. No.83573 of 2025(3) dt.19-01-2026
2/3
on the case of the prosecution. 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.-II, Nawada in connection with
Nawada Excise P.S. Case No.629 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two cases,
Patna High Court CR. MISC. No.83573 of 2025(3) dt.19-01-2026
3/3
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 petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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