Patna High Court
Kanhaiya Shah @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedents.
Summary
The petitioners, Kanhaiya Shah and Mithilesh Choupal, feared arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from a vehicle they did not own. They contended that they were not arrested on the spot, no liquor was found in their possession, and that the complaint originated from a chowkidar whose prior knowledge of their involvement was questionable. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, and directed the trial court to verify the petitioners’ criminal antecedents. The order further stipulated that if a petitioner is found to have concealed more than one prior case, the bail would not be confirmed for that individual. Consequently, the petitioners were released on provisional anticipatory bail pending verification.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending case under the Bihar Narcotic Substances Act and Bihar Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- narcotic law
- seizure
- police investigation
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85549 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- Patauna District- Madhubani
======================================================
1. Kanhaiya Shah @ Kanhaiya Kumar S/o Lalan Shah @ Lalan Kumar Shah
R/o Village - Nahas, P.S - Patauna, District - Madhubani
2. Mithilesh Choupal S/o Biltu Choupal R/o Village - Nahas, P.S - Patauna,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners have antecedent of one case and against petitioner
no. 2 the said case is under the Excise and allegation is of
recovery of 315 litres of liquor from a Scorpio vehicle.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not owners of
Patna High Court CR. MISC. No.85549 of 2025(3) dt.22-01-2026
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the seized vehicles and they came to be implicated at the
instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioners
in the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5,000/- (Rupees Five Thousand) each 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
Patauna P.S. Case No. 84 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.85549 of 2025(3) dt.22-01-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of more than
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
one case in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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