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Patna High Court

Shatrudhan Kumar Sharma @ Shatrudhan SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.90174 of 2025(2) dt.08-01-2026
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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
                                                           3/3




                         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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