Patna High Court
Neel Kamal ShahiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Neel Kamal Shahi, feared arrest in a case under the Bihar Excise Act alleging the recovery of 3,660.24 litres of liquor from a godown at Basoda and the seizure of a vehicle. He contended that he has a clean antecedent, was not in possession of the liquor, does not own the godown, and was unaware that his friend misused his vehicle. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order further stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional bail would be confirmed. The decision balances the petitioner’s claim of innocence with the need to ensure compliance with the law.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions of the Criminal Procedure Code in view of the allegations under the Bihar Excise Act.
- Whether ownership of the seized vehicle alone suffices to implicate the petitioner in the offences.
- Whether provisional anticipatory bail can be conditioned upon verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(ii), 32(iii), 36, 41
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45360 of 2026
Arising Out of PS. Case No.-86 Year-2023 Thana- NEORA District- Patna
======================================================
Neel Kamal Shahi Son of Shayam Nandan Singh Resident of Village/
Mohalla- Tatwa Toli, Ward No. 07, Sankatmochan Mokama, P.S.- Mokama,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 offences punishable under Sections 30(a),
32(ii) (iii), 36 and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3660.24 liters of liquor from a godown at village
Basoda and a vehicle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized godown but he came to be implicated based
Patna High Court CR. MISC. No.45360 of 2026(2) dt.08-07-2026
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on the fact that he is owner of the seized vehicle. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated, it is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged who also fled
from the spot.
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, 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.
500/- (Rupees Five Hundred) 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 Neora
P.S. Case No. 86 of 2023 subject to the conditions as laid down
under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.45360 of 2026(2) dt.08-07-2026
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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