Patna High Court
Shahil Roy @ Sahil RayversusThe 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, 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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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