Patna High Court
Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Shankar Paswan and Surendra Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 120 litres of liquor from a motorcycle they owned. They argued they have clean antecedents, were not in possession of the liquor at the time of seizure, and were unaware that a friend misused their vehicle. The State opposed the bail, contending the alleged offence warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties, and directed verification of their criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the owners absent possession of the contraband.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91674 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- BHAPTIAHI District- Supaul
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1. Shankar Paswan son of Dinesh Yadav Resident of Village- Korhali, Ward
No. 2, P.S.- Karjain ,District- Supaul
2. Surendra Yadav @ Surendra Kumar son of Nunulal Yadav Resident of
Village- Korhali, Ward No. 2, P.S.- Karjain ,District- Supaul At present
Resident of Village- Simrahi Ward no. 2, Ps- Bhaptiyahi, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 120 litres of liquor from a motorcycle. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
petitioner no.1 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.91674 of 2025(2) dt.13-01-2026
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person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
would get implicated. It is also submitted that the petitioners
were completely unaware that their friend would misuse the
vehicle in the manner as alleged. It is next submitted that the
name of petitioner no.2 transpired based on disclosure made by
the local person but then the name of the person who disclosed
the name of the petitioner no.2 is not disclosed in the FIR which
casts an aspersion on the case of the prosecution when
petitioners admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) each 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
Bhaptiyahi P.S. Case No.209/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.91674 of 2025(2) dt.13-01-2026
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6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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