Patna High Court
Shankar Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
Shankar Kumar Ray was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 27 litres of liquor from his motorcycle. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that a third party, Awadhesh, misused his vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not render him liable. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s criminal antecedents; if any antecedent is found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent status influences the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- surety
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482(2)
- vehicle ownership
- clean antecedent
- high court powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23187 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
Shankar Kumar Ray Son of Mahendra Yadav Resident of village - Adhwari,
Teoth, P.S.- Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 27 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.23187 of 2026(2) dt.09-04-2026
2/3
implicated. It is also submitted that the petitioner was
completely unaware that Awadhesh would misuse his vehicle in
the manner as alleged who was also apprehended from the spot
along with Jhagru. It is further submitted that petitioner had
tried to sell his motorcycle to Awadhesh but then the deal did
not materialized.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Khirhar P.S. Case No.145/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.23187 of 2026(2) dt.09-04-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…