Shankar Bihari @ Shankar Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shankar Bihari @ Shankar Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner, on arrest or surrender within four weeks, to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Muzaffarpur, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, named in the FIR in Ahiyapur P.S. Case No.349 of 2026 under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022 (Amended), who is apprehending arrest. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Muzaffarpur, in connection with Ahiyapur P.S. Case No.349 of 2026, subject to the conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Ratio / Principle

Taking note of the factual submissions, the Court recorded that the recovery of illicit liquor prima facie does not appear to have been made from the physical possession of the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail granted (Section 438(2) CrPC / Section 482(2) BNSS) to a petitioner named in the FIR in Ahiyapur P.S. Case No.349 of 2026, registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022 (Amended), involving recovery of 4798.08 litres of IMFL/country-made liquor from a truck and three pickup vans. Counsel argued the petitioner was arrayed solely on a local chowkidar's disclosure, was not present at the spot, and that the seizure list was doubtful for want of independent witnesses; petitioner had three prior cases and was on bail in each. Finding the recovery prima facie not from the petitioner's physical possession, the Court directed release on bail upon arrest/surrender within four weeks on a Rs.10,000/- bond with two like sureties before the Exclusive Special Judge Excise-I, Muzaffarpur, subject to Section 438(2)/482(2) conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34357 of 2026

Arising Out of PS. Case No.-349 Year-2026 Thana- AHIYAPUR District- Muzaffarpur

======================================================

Shankar Bihari @ Shankar Kumar S/o Sonelal Singh R/o Village - Patiyasa, P.S - Garha, District - Muzaffarpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Sagar Kumar, Advocate For the Opposite Party : Mr. Ramesh Chandra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 06-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and apprehending his arrest in connection with Ahiyapur P.S. Case No.349 of 2026 registered under Sections 30(a) and 41 of Bihar Prohibition and Excise Act, 2022 (Amended).

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 4798.08 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the recovery of alleged illicit liquor was made from various vehicles including Truck bearing

Patna High Court CR. MISC. No.34357 of 2026(3) dt.06-07-2026 2/3

Registration No. UP78CN- 2972, Pickup Van bearing Registration No. BR06GA 4921, Pickup Van bearing Registration No. BR06T- 2731 and another pickup bearing Registration No. BR06GF 5405. It is also submitted that name of petitioner arrayed solely on the disclosure made by the local chowkidar. It is further argued that petitioner is neither connected with the said liquor nor was the petitioner present at the spot and it can be safely said that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Explaining criminal antecedent, it is submitted that the petitioner found involved in three criminal cases, where he is on bail.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the

Patna High Court CR. MISC. No.34357 of 2026(3) dt.06-07-2026 3/3

event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Muzaffarpur, in connection with Ahiyapur P.S. Case No.349 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Aniket/- U T