Patna High Court
Shankar Bihari @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of his possession of the seized liquor.
Summary
The petitioner, Shankar Bihari, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with a seizure of 4,798.08 litres recovered from several vehicles. He contended that his name was listed solely on the basis of a local chowkidar's statement and that he neither possessed the liquor nor was present at the seizure site, arguing lack of conscious possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the prima facie evidence and noted that the recovery did not appear to be from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made pending the petitioner's surrender or arrest within four weeks before the Special Judge.
Issues considered
- Whether anticipatory bail can be granted when the alleged seizure of illicit liquor is not shown to be in the petitioner's conscious possession.
- Whether the petitioner’s inclusion in the FIR based solely on a chowkidar’s disclosure suffices to deny bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 41
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- Bihar Prohibition and Excise Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34357 of 2026
Arising Out of PS. Case No.-349 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Shankar Bihari @ Shankar Kumar S/o Sonelal Singh R/o Village - Patiyasa,
P.S - Garha, District - Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sagar Kumar, Advocate
For the Opposite Party : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Ahiyapur P.S.
Case No.349 of 2026 registered under Sections 30(a) and
41 of Bihar Prohibition and Excise Act, 2022 (Amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 4798.08 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from various vehicles including Truck bearing
Patna High Court CR. MISC. No.34357 of 2026(3) dt.06-07-2026
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Registration No. UP78CN- 2972, Pickup Van bearing
Registration No. BR06GA 4921, Pickup Van bearing
Registration No. BR06T- 2731 and another pickup bearing
Registration No. BR06GF 5405. It is also submitted that
name of petitioner arrayed solely on the disclosure made by
the local chowkidar. It is further argued that petitioner is
neither connected with the said liquor nor was the petitioner
present at the spot and it can be safely said that recovery of
illicit liquor was not made from conscious possession of this
petitioner. It is also submitted that the seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in three criminal cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
Patna High Court CR. MISC. No.34357 of 2026(3) dt.06-07-2026
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event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise-I,
Muzaffarpur, in connection with Ahiyapur P.S. Case No.349
of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
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