Patna High Court
Shankar Patel @ Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Act, notwithstanding the bar in Section 76(2).
Summary
Shankar Patel was named in an FIR under sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Act after a police raid recovered 960 litres of spirit liquor. The petitioner contended that he neither owned the seized vehicle nor had any conscious possession of the liquor and sought anticipatory bail. The State opposed, citing the petitioner’s alleged involvement and prior criminal antecedents. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail can be granted despite the bar in Section 76(2) where no offence is made out. Accordingly, the court granted anticipatory bail with a set of strict conditions regarding appearance, sureties and non‑interference with witnesses.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the petitioner’s alleged participation, without possession of the seized goods, constitute an offence warranting denial of bail?
- Whether the FIR allegations establish a prima facie case under the cited sections of the Act.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- Section 76(2) bar
- bail conditions
- criminal antecedent
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20783 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
======================================================
Shankar Patel @ Shankar Prasad Son of Bigan Prasad R/o Village - Gopalpur
Bari, P.S. - Mashrakh, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
: Ms. Astha, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mrs. Shweta Anand, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Parsa P.S. Case No. 97 of 2026 for the offence
under sections 30(a), 41(1) and 32 of the Bihar Prohibition and
Excise Act lodged on 25.02.2026 by the informant, Omprakash.
3. As per the prosecution story, the Police on secret
information about transportation of large quantity of spirit
liquor, raided the line hotel near Rewa Ghat Bridge, those
present tried to escape, one Vinay Kumar Lal Sah was
apprehdned and on his disclosure a traveler four wheeler was
intercepted. This led to recovery/seizure of 960 liter spirit liquor.
It was informed by the driver that it belongs to Ahishek Nishad.
Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
2/4
On further interrogation those apprehended informed that this
petitioner is part of the team which are indulged in the business
of spirit liquor and his wife is also involved in the case. This led
to the FIR.
4. Learned counsel for the petitioner submits that
neither he owns the vehicle nor anything recovered from his
conscious possession, those alongwith the vehicle as also near
the line hotel were intercepted/arrested but only on suspicion, he
has been named.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent and Vinay Kumar Lal Sah has named
him as part of the team.
7. Considering the submissions of the parties and the
Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
3/4
judgment in the case of Ram Vinay Yadav (supra), as also that
nothing has been recovered from his conscious possession nor
he owns the vehicle as recorded above, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned 3rd Special Judge Excise, Saran at Chapra
in connection with Parsa P.S. Case No. 97 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
4/4
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…