Created by Fuzzy Cloud

Patna High Court

Shankar Kumar @ Shankar BihariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions.

Summary

The petitioner, Shankar Kumar, filed an anticipatory bail application fearing arrest in a case (PS No. 552 of 2025) concerning the seizure of 4,192.92 litres of illicit foreign liquor. The prosecution alleged that two other individuals were apprehended with the liquor, and the petitioner was named solely based on their statements, with no material recovered from his possession. The petitioner contended that he was falsely implicated and had no involvement in the offence punishable under Section 317(5) of the BNS. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish bail bonds and sureties as per Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner’s alleged involvement, based solely on statements of co‑accused, warrants denial of bail
  • Whether the conditions prescribed under Section 482(2) of the BNSS are applicable

Legislation cited

Subjects

  • anticipatory bail
  • illicit foreign liquor
  • Section 317
  • Section 482
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27048 of 2026
                    Arising Out of PS. Case No.-552 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Shankar Kumar @ Shankar Bihari S/O Sonelal singh Resident of village-
                 Patyasa, Mirzapur, PS- Garha, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Minapur P.S. Case No. 552 of 2025, instituted

                   for the offence punishable under Section 317(5) of the BNS.

                                3. The case of the prosecution, in brief, is that two

                   persons, namely Sagta Ram and Rajesh Raushan, were

                   apprehended along with a truck, from which a total of 4192.92

                   litres of illicit foreign liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. It is further submitted that the petitioner has been

                   named only on the basis of the statement of the apprehended
            Patna High Court CR. MISC. No.27048 of 2026(2) dt.01-05-2026
                                                        2/2




                      persons and nothing has been recovered from his conscious

                      possession.

                                   5. Learned APP for the State has opposed the prayer

                      for anticipatory bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to grant anticipatory bail to the petitioner.

                                   7. Accordingly, the petitioner is directed to surrender

                      before the court below within a period of four weeks from today

                      and, in the event of his arrest or surrender in connection with

                      Minapur P.S. Case No. 552 of 2025, he shall be enlarged on bail

                      on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Special Judge, Excise Court No. 1, Muzaffarpur,

                      subject to the conditions as laid down under Section 482(2) of

                      the BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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