Shivshakti Kumar @ Shivshakti Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76345 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- Fekla District- Darbhanga ====================================================== Shivshakti Kumar @ Shivshakti Thakur S/o- Shri Varun Thakur @ Ijori Thakur Resident of village- Bhorha Pokhar Bhinda, PS- Fekla, DistrictDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navendu Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025 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 Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases and allegation is of recovery of 399.6 litres of liquor from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the house in question is the joint family property and it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor
Patna High Court CR. MISC. No.76345 of 2025(2) dt.19-11-2025 2/3 kept in the house was within his knowledge and he came to be implicated at the instance of Chowkidar. It is next submitted that since he has antecedent of five criminal cases, the police implicated him in the instant case through Chowkidar 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-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Court-I (Excise Act), Darbhanga in connection with Fekla P.S. Case No.65 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. 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 more than five cases,
Patna High Court CR. MISC. No.76345 of 2025(2) dt.19-11-2025 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 antecedent of only five cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sanjay/- U T