Patna High Court
Shankar Patel @ Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Shankar Patel applied for anticipatory bail after learning that he may be arrested in connection with a case involving the seizure of 1,568 litres of spirit, alleged under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on a statement by an arrested co‑accused, Vinayak Kumar, who named Patel among the alleged participants. Patel contended that he neither owned the vehicle used nor had any possession of the seized liquor, and that the police relied on a confessional statement of another accused. The State opposed the bail on the ground of Patel’s alleged criminal antecedent. The Court, after considering the submissions, granted anticipatory bail subject to a monetary contribution of Rs.15,000 to the District Legal Services Authority and a series of conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise Act and the alleged criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30423 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- TARAIYA District- Saran
======================================================
Shankar Patel @ Shankar Prasad S/o Bigan Prasad R/o vill - Gopalpur Bari,
P.S.- Mashrakh, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard Mr. Alok Kumar Alok, learned Counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. The petitioner apprehends his arrest in connection
with Taraiya P.S. case no. 66/2026 for the offence registered
under sections 30(a), 41(1) of Bihar Prohibition and Excise Act.
3. As per the prosecution story, the informant alleged
that a Pickup van was intercepted and there is recovery/seizure
of 1568 litre spirit. One Vinayak Kumar Sah was arrested who
gave the name of accused persons involved in the alleged liquor
trading, petitioner being one of them. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he
has nothing to do with the alleged recovery and or the vehicle
which is not owned by him. Only because of criminal
Patna High Court CR. MISC. No.30423 of 2026(2) dt.13-05-2026
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antecedent, police has implicated him by taking confessional
statement of Vinayak Kumar Sah.
5. Further, without accepting the allegation and/or the
outcome of the present case, he intends to contribute Rs.
15,000/- to the District Legal Services Authority, Chapra for the
purchase of flower pots for the Civil Court Campus of Chapra
Judgeship through Demand Draft issued by the local branch of
the State Bank of India.
6. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that he has
criminal antecedent.
7. Considering the aforesaid submissions of the
petitioner as also that he is not the owner of the vehicle nor
anything recovered from his conscious possession, in that
background, this Court is inclined to grant him the anticipatory
bail with conditions subject to payment of Rs.15,000/- to the
District Legal Services Authority, Chapra for the purchase of
flower pots for the Civil Court Campus of Chapra Judgeship
through Demand Draft issued by the local branch of the State
Bank of India.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
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order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned 3rd Exclusive
Special Excise Judge, Saran at Chapra in connection with
Taraiya P.S. case no. 66/2026 subject to condition as laid down
under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
9. Let a copy of this order be sent to the learned
Principal District and Sessions Judge, Chapra for his perusal and
necessary action.
(Rajiv Roy, J)
Vijay Singh/-
U
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