Patna High Court
Shiv Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Shiv Shankar Singh and Arjun Singh, sought anticipatory bail fearing arrest in a case registered under IPC sections 272, 273, 308/34 and the Bihar Prohibition and Excise Act, 2016 (sections 30(a), 38(i), 41(i)). They contended that the liquor (129,600 litres) was recovered from a bush not belonging to them, that they were not arrested at the spot, and that the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and verification of the petitioners’ criminal antecedents. It stipulated that if petitioner‑1 has any antecedent beyond the acquitted case or petitioner‑2 has more than one antecedent, the bail may be cancelled; otherwise the bail will be confirmed. The petitioners were also directed to deposit Rs.2,500 with the Patna High Court Advocate Association.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences and the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 38(i), 41(i)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 308, 34
Subjects
- anticipatory bail
- IPC
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4238 of 2026
Arising Out of PS. Case No.-360 Year-2018 Thana- MAIRWAN District- Siwan
======================================================
1. Shiv Shankar Singh Son of Ramakant Singh Resident of VIllage - Patauwa,
P.S - Darauli, Dist. - Siwan.
2. Arjun Singh Son of Mangaldev Singh Resident of VIllage - Patauwa, P.S -
Darauli, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 272, 273
and 308/34 of the Indian Penal Code as well as Sections 30(a),
38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case but then petitioner no. 1
was acquitted in the case and allegation is of recovery of
129.600 litres of liquor from a bush.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.4238 of 2026(2) dt.31-01-2026
2/3
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the local person but then the name of the person who
disclosed the name of the petitioners is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their arrest or surrender before the learned trial
court within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) each 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
Mairwa P.S. Case No. 360 of 2018, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent of even one
Patna High Court CR. MISC. No.4238 of 2026(2) dt.31-01-2026
3/3
case besides the case in which he has been acquitted and
petitioner no. 2 has antecedent of more than one case, it would
be presumed that petitioners had concealed their antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner no. 1
is a person with clean antecedent besides the case in which he
has been acquitted and petitioner no. 2 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.2,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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