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Patna High Court

Shankar Rai @ Shiv Shankar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his antecedents.

Summary

Shankar Rai sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that 44.55 litres of liquor were recovered from his cowshed. The petitioner contended that the liquor was not in his conscious possession, the cowshed was accessible to villagers, and that the evidence might have been planted by an inimical person. He argued that the police had mechanically relied on local informants without conducting a proper investigation. The State opposed the bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and a condition that the petitioner deposit Rs.5,000 with the Lawyers’ Association, while directing the trial court to verify his criminal antecedents before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances of alleged recovery of liquor from the cowshed justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • Section 482
  • provisional bail
  • criminal antecedent
  • evidence planting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5987 of 2026
                      Arising Out of PS. Case No.-402 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Shankar Rai @ Shiv Shankar Rai S/O Munarik Rai R/O vill - Didarganj, Po -
                 Katra Bazar Samiti, Simli Murarpur, P.S- - Didarganj,Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudish Kumar
                 For the Opposite Party/s :       Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 44.55

                   litres of liquor from the cowshed of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the cowshed is a

                   place outside the house thus is accessible to villagers at large. It

                   is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.5987 of 2026(2) dt.03-02-2026
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          premises for committing an occurrence and thus would create

          evidence against himself and hence would get implicated. It is

          next submitted that it appears that someone inimical to the

          petitioner planted meagre amount of liquor in order to implicate

          the entire family members and he came to be implicated at the

          instance of local people, but then it is submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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. 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 Didarganj P.S. Case

          No. 402 of 2025, 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
              Patna High Court CR. MISC. No.5987 of 2026(2) dt.03-02-2026
                                                          3/3




                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than

                        three cases then it would be presumed that petitioner, for the

                        purposes of 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 has antecedent of three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 5,000/- with Lawyers’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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