Patna High Court
Shivshankar Chouhan @ Shivshankar Kumar Chouhan @ SangiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Shivshankar Chouhan applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving the alleged recovery of 144 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, claiming he was implicated by a local informant. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.15,000 with two sureties and a deposit of Rs.2,500 with the Patna High Court Advocate Association, subject to verification of his criminal antecedent under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order stipulates that if more than three prior cases are found, the bail will not be confirmed; otherwise it will be confirmed. The decision balances the petitioner’s claim of lack of possession against the seriousness of the excise offence and his prior record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle warrants grant of bail.
- Whether the petitioner’s prior criminal antecedent of three cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- criminal antecedent
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4309 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- MAIRWAN District- Siwan
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Shivshankar Chouhan @ Shivshankar Kumar Chouhan @ Sangi Son of
Kanhaya Chauhan @ Kanhaiya Chouhan R/o Muriyari, Sumerpur,
Bishunpura, P.S. - Mairwa, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act as
would manifest from the supplementary affidavit and allegation
is of recovery of 144 litres of liquor from a motorcycle.
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 local person but then it is
Patna High Court CR. MISC. No.4309 of 2026(2) dt.31-01-2026
2/3
submitted that once an accused is implicated in a case relating to
excise the police start 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. 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 for the petitioner, let the petitioner above-named, in the
event of his 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.15,000/- (Rupees Fifteen 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
Mairwan P.S. Case No. 445 of 2025, 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 petitioner and if
it is found that petitioner has antecedent of more than three
cases, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.4309 of 2026(2) dt.31-01-2026
3/3
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 has antecedent of only three cases 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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