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Patna High Court

Shabbu @ Shivtullah @ ShivatullahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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