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Patna High Court

Nishant Kumar ShuklaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nishant Kumar Shukla, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 51 litres of liquor from a car. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated solely on the basis of an informant’s identification without proper investigation. The State opposed the bail, citing the seriousness of the offences and the petitioner’s two prior excise cases. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act, 2016 and his prior criminal antecedent.
  • Whether the lack of possession of the seized liquor and non‑ownership of the vehicle preclude the filing of a case and justify grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39832 of 2026
                    Arising Out of PS. Case No.-592 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Nishant Kumar Shukla S/O Vinay Kumar Shukla R/O village - Hajipur, Ward
                 No - 10 ,P. S - Kesaria, District - East Champaran (Motihari)
                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Rabindra Kumar, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 51 litres of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the informant who came to have

                   identified the petitioner. It is next submitted that once an

                   accused is implicated in a case relating to excise the police start
Patna High Court CR. MISC. No.39832 of 2026(2) dt.23-06-2026
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          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       5. Mr. Rabindra Kumar, learned A.P.P. for the State

          opposes the prayer for anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory 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 Trial Court where the case

          is pending/Successor Court in connection with Muzaffarpur

          Excise P.S. Case No. 592 of 2026, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than two

          cases, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.39832 of 2026(2) dt.23-06-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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