Patna High Court
Nishant Kumar ShuklaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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