Patna High Court
Shankar Kumar @ Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Shankar Kumar, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 204.71 litres of liquor from his motorcycle and a cowshed. He argued that the liquor was not in his conscious possession, that the cowshed was a public area, and that the evidence was fabricated by an adversary. 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.15,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged antecedent cases affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16644 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Shankar Kumar @ Shankar Yadav S/O Mangal Yadav Resident of Ward No.
13, Pipra Hari Pipra Khurd, P.S.- Pipra, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Patla Kumari, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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 Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 204.71 litres of liquor from a
motorcycle and from the cowshed of Tapeshwari Yadav.
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 cowshed is a place
outside the house and, thus, is accessible to villagers at large. It
is further submitted that no prudent person would use his own
premises for committing an occurrence and, thus, would create
Patna High Court CR. MISC. No.16644 of 2026(3) dt.06-04-2026
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evidence against himself and, hence, would get implicated. It is
next submitted that it appears that someone inimical to the
family concealed the liquor in the cowshed of the grandfather of
the petitioner with an intent to implicate the entire family
members.
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.15,000/-
(Rupees Fifteen 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 Supaul P.S. Case
No. 538 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
three cases, 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.16644 of 2026(3) dt.06-04-2026
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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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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