Patna High Court
Sri Shashi @ Shashi Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond, sureties, and verification of antecedents.
Summary
Shashi Bhushan Singh applied for anticipatory bail after the police registered a case against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 750 ml of liquor was recovered from a guardroom in DRCC premises. The allegation is based solely on a confessional statement made by another accused, Awadhesh, while in police custody, and no liquor was found in the petitioner's possession. The petitioner argued that the recovery was from a place not belonging to him and that the statement lacks evidentiary value. The High Court, after hearing the petitioner's counsel, directed that provisional anticipatory bail be granted on a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the CrPC and verification of the petitioner's criminal antecedents. The order further stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed immediately. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the only evidence is a confessional statement of another accused.
- Whether the petitioner's criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- confessional statement
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3541 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Sri Shashi @ Shashi Bhushan Singh S/o- Late Panchanand Singh Resident of
village- Azad nagar, near bright career school, garkha dhala, P.o- Sandha, P.s.-
Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate
Mr. Abhishek Kumar Srivastava, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. N.K. Agrawal, learned Senior Counsel
assisted by Mr. Abhishek Kumar Srivastava, for the petitioner
and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 750 ml. of liquor from a guardroom in DRCC
premises. It is next submitted that petitioner was not arrested
from the spot, as such, nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and he came to be
Patna High Court CR. MISC. No.3541 of 2026(2) dt.29-01-2026
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implicated based on confessional statement of Awadhesh in
police custody which does not have any evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.-3, Saran at Chapra in connection with
Sadar Excise P.S. Case No.264 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
Patna High Court CR. MISC. No.3541 of 2026(2) dt.29-01-2026
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order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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