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Patna High Court

Shahil Roy @ Sahil RayversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent, under Section 438(2) of the Criminal Procedure Code.

Summary

Shahil Roy applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 201.75 litres of liquor from two vehicles, one of which he owned. He argued that he had no conscious possession of the liquor and was unaware that his vehicle was misused by others. The State opposed the bail. The High Court, considering his clean antecedent and the lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal record within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person implicated solely as a vehicle owner in a liquor seizure case.
  • Whether ownership of the vehicle without conscious possession of the contraband suffices for arrest.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60574 of 2025
                    Arising Out of PS. Case No.-9 Year-2024 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Shahil Roy @ Sahil Ray S/O Niwas Roy @ Srinivas Ray R/O Vill.- New
                 Punai Chak Boring Canal Road, (Pahlwan Market), Police Station- Patna
                 G.P.O., District- Patna
                                                                       ... ... Petitioner/s
                                               Versus
                 The State Of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 201.750 litres of liquor from two different vehicles.

                                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 came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It it next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.60574 of 2025(3) dt.06-01-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that petitioner

          was completely unaware that Manish Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Mohan Kumar and Bhajju Kumar.

                       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.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

          Phulwariya P.S. Case No. 5139025240009 of 2024, subject to

          the conditions as laid down under Section 438 (2) of the Cr.P.C.

                       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 even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.60574 of 2025(3) dt.06-01-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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