Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16749 of 2025 Arising Out of PS. Case No.-885 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Shivam Kumar S/o Bablu kumar @ Vavalu Kumar@ Mallu Singh R/o villSamai, P.S.- Muffasil, Distt.- 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. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025 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 Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 49.500 liters of liquor from bush.

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 even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large. It is further submitted that petitioner came to be implicated based on secret information which is the easiest way to implicate someone and the petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the anticipatory bail application.

Patna High Court CR. MISC. No.16749 of 2025(2) dt.16-04-2025 2/2

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. 5,00/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise-II, Nawada in connection with Excise P. S. Case No. 885 of 2024, 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 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 even one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has clean antecedent , in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) krishnakant/- U T