Patna High Court
Shabbu @ Shivtullah @ ShivatullahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 270.525 litres of liquor. He argued that he was not arrested at the spot, the liquor was not found in his conscious possession, and he was merely the owner of a seized pick‑up vehicle allegedly misused by another person. The State opposed the bail, contending the petitioner’s involvement. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs 15,000 with two sureties, subject to verification of his criminal antecedent. It further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Section 30(a) of the Excise Act.
- Whether ownership of a vehicle used in the alleged offence precludes the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent affects the suitability of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- vehicle ownership
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9093 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Shabbu @ Shivtullah @ Shivatullah son of Jovad @ Javed Akhtar Moti
Resident of Village -Nimchak Naka No.05, Senapath, Mukti Mohalla, Purari
Musafi, Police Station- Nagar District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 has antecedent of three cases out of which one
case is under the Excise Act and allegation is of recovery of
270.525 litres of liquor from a place behind the New Samdarshi
Trading Company godown and from two different vehicles.
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 he came to be
Patna High Court CR. MISC. No.9093 of 2026(3) dt.16-03-2026
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implicated based on the fact that he is owner of one of the
seized pick-up vehicle. 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 was
completely unaware that Maniklal Yadav would misuse the
vehicle in the manner as alleged as he was also apprehended at
the spot.
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.15,000/- (Rupees Fifteen 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 Bahadurpur P. S. Case No.455 of 2025, 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
Patna High Court CR. MISC. No.9093 of 2026(3) dt.16-03-2026
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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 more than three cases,
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 antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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