Sharwan Kumar @ Sawan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sharwan Kumar @ Sawan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender within six weeks on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to conditions under Section 438 (2) of the Cr.P.C.; confirmation contingent on the trial court's verification of the petitioner's criminal antecedents.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Mairwa P.S. Case No. 406 of 2024, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to 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 Mairwa P.S. Case No. 406 of 2024, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedent of the petitioner; if it is found that he has antecedent of even one case, it would be presumed that he concealed his antecedent before this Court at para 3 of the anticipatory bail application, and in that event the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification establishes that the petitioner is a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — granted provisionally. Petitioner apprehending arrest in Mairwa P.S. Case No. 406 of 2024 (Siwan) for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (alleged recovery of 207 litres of liquor from a sack thrown near two motorcycles; implication said to rest on co-accused Vishal Kumar's police-custody confessional statement) is, on arrest or surrender within six weeks, to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438 (2) Cr.P.C. conditions. Confirmation of the provisional order is made contingent on the trial court's verification of antecedents: any prior case found is to be presumed a concealed antecedent (para 3 of the application) and the provisional order not confirmed; a verified clean record leads to confirmation forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42350 of 2025

Arising Out of PS. Case No.-406 Year-2024 Thana- MAIRWAN District- Siwan

======================================================

Sharwan Kumar @ Sawan Kumar S/o Pahawari Kushwaha R/o VillageMairwa Tola Sakra, P.S.- Mairwa, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

5 17-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 207 litres of liquor from a sack thrown near two different motorcycles.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of any of the seized vehicles and came to be implicated based on the confessional statement of co-accused, namely, Vishal Kumar in police custody which does not have any evidentiary value in the eye of law.

Patna High Court CR. MISC. No.42350 of 2025(5) dt.17-12-2025 2/2

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let 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 Mairwa P.S. Case No. 406 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

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