Shankar Patel @ Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30423 of 2026 Arising Out of PS. Case No.-66 Year-2026 Thana- TARAIYA District- Saran ====================================================== Shankar Patel @ Shankar Prasad S/o Bigan Prasad R/o vill - Gopalpur Bari, P.S.- Mashrakh, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard Mr. Alok Kumar Alok, learned Counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Taraiya P.S. case no. 66/2026 for the offence registered under sections 30(a), 41(1) of Bihar Prohibition and Excise Act.
3. As per the prosecution story, the informant alleged that a Pickup van was intercepted and there is recovery/seizure of 1568 litre spirit. One Vinayak Kumar Sah was arrested who gave the name of accused persons involved in the alleged liquor trading, petitioner being one of them. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he has nothing to do with the alleged recovery and or the vehicle which is not owned by him. Only because of criminal
2/4 antecedent, police has implicated him by taking confessional statement of Vinayak Kumar Sah.
5. Further, without accepting the allegation and/or the outcome of the present case, he intends to contribute Rs. 15,000/- to the District Legal Services Authority, Chapra for the purchase of flower pots for the Civil Court Campus of Chapra Judgeship through Demand Draft issued by the local branch of the State Bank of India.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has criminal antecedent.
7. Considering the aforesaid submissions of the petitioner as also that he is not the owner of the vehicle nor anything recovered from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs.15,000/- to the District Legal Services Authority, Chapra for the purchase of flower pots for the Civil Court Campus of Chapra Judgeship through Demand Draft issued by the local branch of the State Bank of India.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the
3/4 order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Taraiya P.S. case no. 66/2026 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
9. Let a copy of this order be sent to the learned Principal District and Sessions Judge, Chapra for his perusal and necessary action.
(Rajiv Roy, J) Vijay Singh/- U