Patna High Court
Himanshu ShekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the FIR does not disclose a cognizable offence under the Act, despite the bar in Section 76(2).
Summary
The petitioner, Himanshu Shekhar, sought anticipatory bail after the police seized 510 litres of country‑made liquor from a four‑wheeler he owned, leading to an FIR under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was not driving the vehicle, that the driver had escaped, and that he had no prior criminal record. The State argued that ownership of the vehicle was sufficient grounds for his implication. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose an offence, the court examined the merits. Considering the petitioner’s clean record and the cited precedent, the court granted anticipatory bail with a set of conditions. The order directed that he be released on bail if arrested or surrendered within four weeks, subject to a bond and compliance with procedural conditions.
Issues considered
- Whether anticipatory bail can be granted notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether mere ownership of the vehicle implicated the petitioner under section 30(a).
- Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 76(2)
Subjects
- anticipatory bail
- excise
- prohibition
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act, 2022
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34635 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- NARALI KALA KHURD District-
Aurangabad
======================================================
Himanshu Shekhar S/o Gopal Singh R/o village- Kachra, P.S.- Hussainabad,
Distt.- Palalmu, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Narari Kala Khurd P. S. Case No. 43 of 2026 for the offence
registered under section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. As per the prosecution story, the Police intercepted a
four wheeler vehicle and there is recovery/seizure of 510 litres
country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because of ownership of the car, he got implicated. It was actually
driven by the driver and he managed to escape. The last
submission is that the petitioner do not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
Patna High Court CR. MISC. No.34635 of 2026(2) dt.19-05-2026
2/3
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that he
owns the vehicle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Judge, Excise-II, Aurangabad in connection
with Narari Kala Khurd P. S. Case No. 43 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
Patna High Court CR. MISC. No.34635 of 2026(2) dt.19-05-2026
3/3
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating in the investigation;
(iii) 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;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be taken
for the cancellation of the bail bonds;
(v) 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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/
Aayan
U T
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