Patna High Court
Shashi Kant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and absence of conscious possession of the seized liquor, provisional anticipatory bail should be granted subject to verification of antecedents.
Summary
Shashi Kant Kumar, the owner of a vehicle from which 475.200 litres of liquor was seized, applied for anticipatory bail under Section 438 of the Cr.P.C. He argued that he had no conscious possession of the liquor and was unaware that the vehicle was being used by others, Rajiv Kumar and Govinda Kumar. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The court noted the petitioner’s clean antecedent and the lack of direct involvement, and therefore granted provisional anticipatory bail on the condition of a modest bond and two sureties, subject to verification of any prior criminal record. The order further stipulated that if any antecedent is discovered, the bail may be revoked; otherwise, it will be confirmed. The decision reflects the court’s application of anticipatory bail principles to protect individuals not directly implicated in the seized contraband.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged seizure of liquor from his vehicle.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- excise
- vehicle ownership
- clean antecedent
- bail conditions
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87362 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
Shashi Kant Kumar S/o- Krishna Ray R/v- Maujipur Fatuha PS - Fatuha Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Kunwar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 475.200 litres of liquor from a truck.
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 the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.87362 of 2025(3) dt.20-01-2026
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would get implicated and at the same time shall bring disrepute
to his business. It is also submitted that petitioner was
completely unaware that the vehicle would be misused by Rajiv
Kumar who was also apprehended from the spot along with
Govinda 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 Excise
Sadar Bhojpur P.S. Case No. 160 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
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
Patna High Court CR. MISC. No.87362 of 2025(3) dt.20-01-2026
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before this Court at para 3 of the anticipatory bail application in
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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