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Patna High Court

Shambhu PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/3




          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
                                                       3/3




                     Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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