Patna High Court
Shatrudhan Kumar Sharma @ Shatrudhan SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS.
Summary
Shatrudhan Kumar Sharma applied for anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 88.8 litres of liquor from a motorcycle. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, contending that the case was based on secret information without proper investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the BNSS. The court clarified that if any antecedent is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted for offences under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Excise Act.
- Whether the petitioner’s lack of arrest and absence of conscious possession justify granting anticipatory bail.
- Whether verification of the petitioner’s criminal antecedent is required before confirming anticipatory bail.
Legislation cited
- B.N.S. — s. 274, 275, 3(5)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- B.N.S.
- Excise Act
- liquor seizure
- clean antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90174 of 2025
Arising Out of PS. Case No.-162 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Shatrudhan Kumar Sharma @ Shatrudhan Sharma S/o Pawan Sharma
Resident of Village- Hariraha, P.S.- Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jaishankar Kumar Yadav
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 88.8 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on secret
information, which is the easiest way to implicate someone
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without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Andhramath P. S. Case No.162 of 2024, subject to the
conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
Patna High Court CR. MISC. No.90174 of 2025(2) dt.08-01-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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