Materials from anticipatory bail bail petition. Petitioner sought provisional anticipatory bail as he had clean antecedents and was implicated only as vehicle owner. Court granted provisional bail with conditions.
Petitioner granted provisional anticipatory bail subject to surrender within six weeks and furnishing bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15336 of 2025
Arising Out of PS. Case No.-211 Year-2023 Thana- MANIGACHI District- Darbhanga
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Shailesh Kumar S/o Dinesh Prasad R/o Village - Sirahi, P.S.- Riga, DistrictSitamarhi, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Yashraj Bardhan For the Opposite Party/s : Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 22-08-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 712.02 litres of liquor from a pickup van.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated in the instant case only for the reason that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.15336 of 2025(2) dt.22-08-2025 2/3
and thus would create evidence against himself and hence would get implicated.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and taking into consideration the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Manigachhi P.S.Case No. 211 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after
Patna High Court CR. MISC. No.15336 of 2025(2) dt.22-08-2025 3/3
verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
1 issue framed by the court
Whether the petitioner qualifies for provisional anticipatory bail in a case alleging liquor smuggling under the Bihar Excise Act.
2 provisions across 2 enactments
Shailesh Kumar S/o Dinesh Prasad
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
