Patna High Court
Shravan Das @ Sharwan Kumar @ Sharwan DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Shravan Das applied for anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 50 litres of illegal country-made liquor. The petitioner argued that the liquor was recovered from a Palani, not from his conscious physical possession, and that he has only one prior case. The State opposed the bail. The court noted the lack of physical possession, the petitioner’s denial of ownership of the Palani, and his single antecedent, and therefore inclined to grant anticipatory bail. The court ordered release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita when the accused has no conscious physical possession of the alleged contraband.
- Whether the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- Section 438 Cr.P.C.
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10838 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Shravan Das @ Sharwan Kumar @ Sharwan Das Son of Machhu Das
Resident of Village - Terasiya, Police Station - Ganga Bridge, District -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suruchi Anand, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner as well as
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 Bihar Prohibition and Excise Act in connection with
Ganga Bridge P.S. Case No.189 of 2025.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 50 liters of illegal country made liquor from a
gunny bag. Further submits that no recovery has been made
from the conscious physical possession of the petitioner and it
has been recovered from a Palani.
4. The learned APP for the State opposes the
anticipatory bail application.
Patna High Court CR. MISC. No.10838 of 2026(2) dt.17-02-2026
2/2
5. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioner
and also taking into account that it has been recovered from a
Palani which the petitioner denies to be his, and also taking into
account the fact that the petitioner has only one antecedent, this
Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, 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 bail
on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No.1-
cum-District & Additional Sessions Judge, Vaishali at Hajipur in
connection with Ganga Bridge P.S. Case No.189 of 2025,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…