Patna High Court
Shankar Rai @ Shankar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Shankar Rai applied for anticipatory bail after being implicated in a case involving the seizure of 2,593.08 litres of illicit liquor from six vehicles, alleged to violate Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution argued that the seized liquor indicated a serious offence, but the petitioner’s counsel contended that no incriminating material was found in his personal possession, he was neither the driver nor the owner of the vehicles, and his involvement was purely on suspicion. The State opposed the bail. The Court examined the lack of direct evidence against the petitioner and the principle that anticipatory bail may be granted when arrest is not justified on the facts. Accordingly, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the accused is not in possession of the seized contraband and is implicated only on suspicion.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate in this case.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- suspicion
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19993 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- GARKHA District- Saran
======================================================
Shankar Rai @ Shankar Ray S/O Late Rampati Rai R/O Vill.- Bajitpur, P.S.-
Garkha, Dist.- Saran, Chhapra, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 30(a), 36, 41 of the
Bihar Prohibition and Excise Act and Section 25(1-B)a, 26, 35
of Arms Act
3. As per prosecution case, total 2593.08 litres illicit
liquor was recovered from six seized vehicles.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicles in question and petitioner has been made
accused in this case only on suspicion.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.19993 of 2026(2) dt.08-04-2026
2/2
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge cum Exclusive Special Court Excise-I, Saran at Chapra in
connection with Garkha P. S. Case No. 02 of 2026, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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