Patna High Court
Shiv Shankar Kumar @ Shiv Shankar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.
Summary
The petitioner, Shiv Shankar Kumar, sought anticipatory bail fearing arrest in a case involving numerous offences under the Bihar Negotiable Instruments Act and the Bihar Excise Act, relating to the alleged recovery of 930 ml of liquor from a road near Jaiprakash’s house. He asserted a clean criminal record and argued that the liquor was not in his possession and that the complaint was filed by a hostile watchman, raising doubts about the prosecution’s case. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 500 with two sureties and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and the provisional bail would not be confirmed; otherwise, it would be confirmed upon verification. The decision rests on the Court’s discretion under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions of the Criminal Procedure Code given the nature of the allegations.
- Whether the alleged recovery of liquor not being in the petitioner’s possession and the claim of a hostile complainant affect the grant of bail.
- Whether the petitioner’s claim of a clean antecedent justifies the issuance of provisional anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 109(1), 115(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 274, 275, 351(2), 352
Subjects
- anticipatory bail
- bail bond
- criminal antecedent
- liquor seizure
- Bihar Excise Act
- Section 482
- Section 438
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12995 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Shiv Shankar Kumar @ Shiv Shankar Sah Son of Bihari Sah @ Shyam Bihari
Sah Resident of Ward No. 10, Khutauna, P.S.- Khutauna, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar No 13
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 Sections 126(2),
115(2), 190, 191(2), 191(3), 109(1), 132, 121(1), 121(2), 352,
351(2), 274 and 275 of the BNS and 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 930 ml of liquor from Khutauna Jainagar road near
house of Jaiprakash.
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 even the alleged
Patna High Court CR. MISC. No.12995 of 2026(2) dt.15-04-2026
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recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is next submitted that if
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
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, the petitioner above-named, in the
event of his arrest or surrender 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 Khutauna P.S. Case No. 139 of 2025, 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
Patna High Court CR. MISC. No.12995 of 2026(2) dt.15-04-2026
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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 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
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