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Patna High Court

Shakti Kumar @ Shakti PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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