Patna High Court
Shahil Kumar @ Shahil PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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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