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Patna High Court

Shailendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with a bond of Rs.30,000 and conditions under Sections 2(1)(d) and 482(2) of the BNSS, 2023.

Summary

Shailendra Kumar was implicated in a case involving the seizure of 1,091.160 litres of illicit foreign liquor from a pickup van. He claimed he was not present at the scene, had no knowledge of the liquor, and that the vehicle was assigned to a driver. The petitioner asserted a clean criminal record and argued that nothing was recovered from his possession. The State opposed the grant of anticipatory bail despite acknowledging the petitioner’s clean antecedent. The High Court, considering the lack of direct involvement and the petitioner’s clean record, granted anticipatory bail subject to a Rs.30,000 bond and conditions under the Bihar Narcotic and Smuggling/Excise Act, 2023, including verification of antecedents by the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Narcotic and Smuggling/Excise Act, 2023 in view of the alleged involvement in illicit liquor seizure
  • Whether the petitioner’s clean criminal antecedent and lack of possession justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24902 of 2026
                        Arising Out of PS. Case No.-466 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Shailendra Kumar Son of Rajeshwar Prasad Yadav Resident of village -
                 Brindawan, P.S.- Kiul, District - Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr.Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   29-04-2026                         Heard Learned Counsel for the petitioner and

                   Learned A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Rajoun (Nawada O.P.) P.S. Case No.466 of 2024, for the

                   offence punishable under Sections 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per the prosecution, the total recovery of

                   1091.160 litres of illicit foreign liquor have been alleged to be

                   made from a pick-up van, 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 due to owner of the said vehicle.
Patna High Court CR. MISC. No.24902 of 2026(2) dt.29-04-2026
                                            2/3




          Counsel further submits that criminal antecedent of the

          petitioner is clean. He further submits that the alleged vehicle is

          commercial vehicle given to driver for driving. He further

          submits that nothing has been recovered from conscious

          possession of the petitioner.

                       5. Learned APP for the State opposes the prayer for

          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 Excise Court No.I, Banka, in

          connection with Rajoun (Nawada O.P.) P.S. Case No.466 of

          2024, 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
          Patna High Court CR. MISC. No.24902 of 2026(2) dt.29-04-2026
                                                      3/3




                    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)
Aman Kumar/-

U     T


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