Created by Fuzzy Cloud

Patna High Court

Shatrudhan Kumar @ Shatrudhan MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Shatrudhan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 146.88 litres of liquor and two motorcycles were allegedly recovered from a location adjacent to his house. He argued that he was not arrested on the spot, had no possession of the seized items, and that the complaint was motivated by personal enmity with the local chaukidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties of equal amount, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated that the trial court verify the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
  • Whether the alleged recovery of liquor and vehicles from adjacent property justifies arrest.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • seizure of liquor
  • Cr.P.C. 438
  • B.N.S.S. 482
  • police investigation
  • chaukidar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25562 of 2026
                   Arising Out of PS. Case No.-132 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Shatrudhan Kumar @ Shatrudhan Mukhiya son of Ekbal Mukhiya Resident
                 of Vill -Baira Parsauni Ward No 9, PS- Nautan, Distt -West Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 146.88 litres of liquor from a place

                   behind the house of the petitioner and two motorcycles were

                   seized.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and is not the owner of any of
Patna High Court CR. MISC. No.25562 of 2026(2) dt.21-04-2026
                                            2/3




          the seized vehicles. It is further submitted that petitioner came

          to be implicated at the instance of the Chawkidar with whom he

          is on an inimical term. It is next submitted that if the Chawkidar

          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to the institution of

          the instant FIR which casts an aspersion on the case of the

          prosecution.

                       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 appearing on behalf of 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 Nautan P.S. Case

          No. 132 of 2026, 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
           Patna High Court CR. MISC. No.25562 of 2026(2) dt.21-04-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.