Patna High Court
Shivanand Gandhi @ GandhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to bond, sureties and conditions under Section 482(2) of the Bihar Narcotic and Smuggling Act.
Summary
The petitioner sought anticipatory bail in a case where 355.5 liters of foreign liquor were seized from a Mahindra car, and the petitioner was named in the FIR based on secret information whose source was not disclosed. The petitioner argued he was neither the owner nor driver of the vehicle, no incriminating article was found in his possession, and the FIR lacked compliance with Section 103 of the Bihar Narcotic and Smuggling Act, rendering the charge under Section 30(a) of the Bihar Prohibition of Excise Act untenable. The State opposed the bail, contending that the petitioner was a named accused and could not evade the allegations. The court examined the material on record, noted the absence of direct evidence linking the petitioner to the seized liquor, and considered the procedural deficiencies. Consequently, the court granted anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the Bihar Narcotic and Smuggling Act. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the FIR is based on undisclosed secret information.
- Whether the petitioner can be held liable under Section 30(a) of the Bihar Prohibition of Excise Act without ownership or possession of the seized liquor.
- Whether non‑compliance with Section 103 of the Bihar Narcotic and Smuggling Act precludes proceeding against the petitioner.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition of Excise Act
- secret information
- FIR
- section 30(a)
- section 103
- section 482(2)
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9092 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- PUSA District- Samastipur
======================================================
Shivanand Gandhi @ Gandhi S/o- Shyam Kumar Singh @ Shyam Kumar
Suman R/v- Thahra, Ps- Waini Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Pusa P.S. Case No. 141/2025 registered for the
offences punishable under Sections 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, on the basis of secret
information, 355.5 liters foreign liquor was recovered from
Mahindra car in question and the petitioner and others were fled
away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner bears three criminal antecedents in
Patna High Court CR. MISC. No.9092 of 2026(2) dt.19-02-2026
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which he is on bail. Name of the petitioner has been transpired
in this case on the basis of secret information and the source of
secret information has not been divulged in the FIR, which
questions the authenticity of the FIR and the petitioner cannot
be held liable for the alleged recovery. The petitioner was not
found at the place of occurrence. No incriminating article has
been recovered from the possession of the petitioner. The
petitioner has no concern with the seized liquor. He further
submits that the petitioner is neither the owner nor the driver of
the said vehicle. He further submits that the petitioner has roped
in a case one after another in a routine manner without any
basis. There is no compliance of Section 103 of the B.N.S.S. In
the light of the aforesaid facts and circumstances of the case, no
case is made out against the petitioner under the provision of
Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is FIR named accused and he cannot escape from
the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioner was not the owner of the said car, argument
advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.9092 of 2026(2) dt.19-02-2026
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consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of learned
Special Judge Excise-1, Samastipur in connection with Pusa P.S.
Case No. 141/2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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