Patna High Court

Shaukat @ Md. Shuakat @ Md. Shabab AjharversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and verification of his criminal antecedent.

Summary

The petitioner, Shaukat, was implicated in a case involving the alleged recovery of 35.250 litres of foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not present at the scene, had no conscious possession of the liquor, and possessed a clean criminal record. The State opposed any bail, arguing that the offence was serious. The Court examined the petition for anticipatory bail, noting the petitioner’s clean antecedent and the lack of direct evidence linking him to the seized liquor. Relying on Section 2(1)(d) and Section 482(2) of the BNSS, 2023, the Court ordered that the petitioner be released on anticipatory bail if arrested within four weeks, subject to a bail bond of Rs 30,000 and verification of his criminal antecedent. The order also stipulated that any concealment of antecedent would lead to cancellation of the bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the petitioner’s clean criminal antecedent and lack of conscious possession justify the grant of bail

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
foreign liquor seizure
clean criminal antecedent
bail bond
Bihar Prohibition and Excise Act
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21916 of 2026
                         Arising Out of PS. Case No.-92 Year-2026 Thana- AMAUR District- Purnia
                 ======================================================
                 Shaukat @ Md. Shuakat @ Md. Shabab Ajhar Son of Md. Zahir Anwar R/o
                 Village - Kishanganj, P.S. - Kishanganj, Dist. - Kishanganj.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                      Heard Learned Counsel for the petitioner and

                   Learned A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Amour P.S. Case No.92 of 2026, for the offence punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, the total recovery of 35.250

                   litres of foreign liquor have been alleged to be made from a

                   black plastic, which is the subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the spot and his

                   name has been transpired only on suspicion. Counsel further

                   submits that criminal antecedent of the petitioner is clean. He

                   further submits that the said recovery has not been made from

                   conscious possession of the petitioner.

                                5. Learned APP for the State opposes the prayer for
           Patna High Court CR. MISC. No.21916 of 2026(2) dt.08-04-2026
                                                       2/2




                     bail of the petitioner and submits that criminal antecedent of the

                     petitioner is clean.

                                  6. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Exclusive Special Judge, Excise Court No.II,

                     Purnea, in connection with Amour P.S. Case No.92 of 2026,

                     subject to the conditions as laid down U/s 482(2) of the BNSS,

                     2023.

                                  And further condition that the Trial Court shall verify

                     the criminal antecedent of the petitioner and in case at any stage

                     it is found that the petitioner has concealed his criminal

                     antecedent, the Trial Court shall take step for cancellation of

                     bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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