Patna High Court
Shambhu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and surrender within six weeks.
Summary
Shambhu Prasad was named in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 47 litres of spirit were recovered from the premises of co‑accused. The petitioner contended that no spirit was found in his possession, that his name was disclosed only by the co‑accused, and that there was no material linking him to the seizure, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, highlighting the petitioner’s five prior criminal cases for which he was already on bail. The Court examined the lack of direct incriminating evidence against the petitioner and the procedural lapse, while also weighing his criminal antecedents. It concluded that anticipatory bail could be granted subject to strict conditions, including a bond of Rs 15,000 with two sureties and surrender within six weeks. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether anticipatory bail should be granted when the petitioner has no direct incriminating material linking him to the alleged offence
- Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of anticipatory bail
- Effect of the petitioner’s prior criminal antecedents on the decision to grant anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- spirit seizure
- criminal antecedents
- Section 103
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7102 of 2026
Arising Out of PS. Case No.-671 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Shambhu Prasad Son of Late Asharfi Prasad Resident of village - Shanichara
Tola Godwa, Ps- Muffasil, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in Muffasil
P.S. case No. 671 of 2025 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that 47 liters
spirit was recovered out of which 20 liters spirit was recovered
from the house of co-accused and 27 liters spirit was recovered
from behind the house of co-accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.7102 of 2026(2) dt.04-02-2026
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present case. The petitioner has got five criminal antecedents
in which he is on bail. No incriminating material has been
recovered from the conscious possession of the petitioner. It is
further submitted that recovery is made either from the house of
co-accused or behind the house of co-accused. The name of the
petitioner has transpired on the basis of disclosure made by
apprehended co-accused. The petitioner has got no knowledge
and concern with the alleged recovery of spirit. Learned
counsel, therefore, submits that prima facie, no case is made out
against the petitioner. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has criminal antecedents
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.15,000/- (fifteen thousand) with two sureties of the
like amount each to the satisfaction of the Court
below/concerned Court in connection with Muffasil P.S. case
No. 671 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.7102 of 2026(2) dt.04-02-2026
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Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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