Patna High Court
Shakti Kumar @ Shakti PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Shakti Kumar, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 870 ml of liquor from another person's house. He argued that he was not arrested at the scene, had no possession of the liquor, and had no connection to the premises or the owner, Sanjay Kumar, and that the FIR omitted the informant’s identity. The State opposed the bail, contending the seriousness of the charges. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent. It directed that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. given the nature of the allegations and his alleged lack of involvement.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 132, 190, 191(2), 191(3), 263, 324(4), 324(5), 351(2), 351(3), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- criminal antecedent
- Bihar Narcotic Substances Act
- Prohibition and Excise Act
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13258 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Shakti Kumar @ Shakti Paswan S/o Late Nirmal Paswan Resident of
Fatehjampur, Fatuha, PS - Nadi, Dist - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 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 offence punishable under Sections 191(2),
191(3), 190, 132, 324(4), 324(5), 263, 352, 351(2) and 351(3) of
the BNS, 2023 as well as Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 870 ml. of liquor from the house of Sanjay Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and petitioner has no relation or concern with Sanjay Kumar but
Patna High Court CR. MISC. No.13258 of 2026(2) dt.10-04-2026
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then came to be implicated at the instance of the local person
but then the name of the person who disclosed the name of the
petitioner is not disclosed in the FIR which casts an aspersion
on the case of the prosecution.
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 appearing on behalf of the petitioner, let 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.5,000/- (Rupees
Five Thousand) 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 Nadi P.S. Case No.
304 of 2025 corresponding to Special Case No. PTN 1803 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, 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 more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.13258 of 2026(2) dt.10-04-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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