Patna High Court
Shashi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Shashi Ranjan Kumar, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged liquor seizure was from a third party's premises and that he had no possession or involvement. He contended that the investigation was based on secret information and that no proper inquiry had been conducted. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The court also directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if only one prior case is found, otherwise to revoke it.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 274, 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession and the basis of the investigation justify bail.
- Whether Section 482(2) of the B.N.S.S. permits the grant of provisional anticipatory bail.
- Effect of the petitioner’s prior criminal antecedent on the confirmation of bail.
Legislation cited
Subjects
- anticipatory bail
- excise law
- provisional bail
- criminal antecedent
- Section 482(2)
- high court order
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91403 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Shashi Ranjan Kumar S/O Satya Narayan Prasad Resident Of Vill.- Keshopur,
P.s.- Sakra, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274 and
275 of B.N.S., 2023 as well as Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 288.12 litres of liquor from husk
house of Pintu Kumar. It is next submitted that petitioner was
not arrested from the spot, as such, nothing was recovered from
his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and petitioner has
no concern with Pintu Kumar but then he came to be implicated
Patna High Court CR. MISC. No.91403 of 2025(2) dt.12-01-2026
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based on secret information which is the easiest way to
implicated someone. It is also 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, secret information or confessional statement
without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Court Excise-I, Muzaffarpur in connection with Sakra
P.S. Case No.447 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.91403 of 2025(2) dt.12-01-2026
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found that petitioner has antecedent of more than 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 petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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