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Patna High Court

Shahil Kumar @ Shahil PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedents.

Summary

Shahil Kumar (Shahil Paswan) applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for allegedly recovering 13,500 litres of liquor from a scooty. The petitioner argued that he was not arrested on the spot, the liquor was not in his conscious possession, and he was not the owner of the vehicle, contending that the FIR lacked the name of the informant. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one antecedent is found, the bail will not be confirmed; if only one antecedent is found, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Prohibition and Excise Act.
  • Whether the circumstances of the alleged seizure and the petitioner’s lack of ownership of the vehicle justify denial of anticipatory bail.
  • Whether the petitioner’s criminal antecedent, if more than one, should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 438 Cr.P.C.
  • criminal antecedent
  • seizure of liquor
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21229 of 2026
                 Arising Out of PS. Case No.-374 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Shahil Kumar @ Shahil Paswan S/o Chandeshwar Paswan Resident of village
                 - Raghunathpur, P.S - Raghunathpur, District - East Champaran
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 41(1) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 13.500 litres of liquor from a Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of the seized vehicle and 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,

                   when petitioner has not been implicated based on the secret
           Patna High Court CR. MISC. No.21229 of 2026(2) dt.01-04-2026
                                                       2/2




                     information.

                                  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, 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

                     Raghunathpur P.S. Case No. 374 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 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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