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Patna High Court

Shiv Shankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

Shiv Shankar Prasad, the petitioner, sought anticipatory bail after being implicated in a case under Sections 30(a) and 37 of the Bihar Excise Act for allegedly possessing 720 ml of liquor in a vehicle he owned. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware that another person, Ashutosh, would misuse his vehicle. The State opposed the bail, contending that the petitioner was linked to the offence by virtue of ownership of the seized vehicle. 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 antecedents within six weeks. The order stipulated that if any criminal antecedent is discovered, the bail would be revoked, but if he is found to have a clean record, the provisional bail would be confirmed.

Issues considered

  • What is the applicability of anticipatory bail in a case where the accused is implicated solely on the basis of vehicle ownership?
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail under the relevant provisions.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • vehicle seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16260 of 2026
                       Arising Out of PS. Case No.-17 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Shiv Shankar Prasad Son of Genda Prasad @ Gendra Prasad @ Jendra Prasad
                 Resident of Gate no. 18, Munna Chak, Chitragupta Nagar, P.S.-
                 Patrakarnagar, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gautam, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 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 30(a) and

                   37 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 720 ml of liquor from a car.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.16260 of 2026(2) dt.15-04-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Ashutosh would misuse the vehicle in the manner as alleged

          who was also apprehended from the spot.

                       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 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 Gopalpur

          P.S. Case No. 17 of 2026 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

          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
            Patna High Court CR. MISC. No.16260 of 2026(2) dt.15-04-2026
                                                        3/3




                      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)
Rishabh/-

U      T


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