Patna High Court
Shankar Kumar @ Shankar BihariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 317(5)
- Bihar Narcotic Substances (Special) Act — s. 482(2)
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
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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
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