Shashi Bhushan Kumar vs. The State Of Bihar
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The petitioner, Shashi Bhushan Kumar, is seeking anticipatory bail in connection with Haraiya P.S. Case No. 21 of 2024. The case was registered for offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act. The FIR states that police, acting on secret information, raided a godown and recovered 4,000 liters of spirit. One person apprehended at the scene disclosed that transport owners were involved in procuring spirit through GST number holders for illicit liquor manufacturing. The petitioner's name does not appear in the FIR, and he contends he has been falsely implicated without cogent material linking him to the seizure. He claims no recovery was made from his constructive possession and he has no connection to the godown or the seized spirit.
Held
The Court granted anticipatory bail to the petitioner. The reasoning was based on the submissions made by both parties. Specifically, the Court took into consideration the fact that the illicit liquor was not recovered from the constructive possession of the petitioner and that the petitioner was not connected in any way with the seized spirit. Therefore, the Court found it inclined to grant anticipatory bail. The operative direction was that the petitioner be released on anticipatory bail in the event of arrest or surrender before the Special Judge, Excise Court No.1, East Champaran, Motihari, within four weeks, upon furnishing a bail bond of Rs. 10,000/- with two sureties of like amount, subject to the conditions laid down under Section 482(2) of the BNSS, 2023.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS, 2023, given the allegations and the absence of direct evidence linking him to the recovered spirit? Petitioner's Arguments: The petitioner argues that he is innocent and has been falsely implicated. He asserts that his name is not in the FIR, and there is no concrete evidence connecting him to the seizure of 4,000 liters of spirit. He emphasizes that no recovery was made from his constructive possession and he has no association with the godown or the illicit liquor. He also notes that he has one prior criminal antecedent of a similar nature, for which he is currently on bail. State's Arguments: The learned Additional Public Prosecutor for the State opposed the prayer for anticipatory bail.
Sections Cited
Section 482(2)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in connection with Haraiya P.S. Case No.21 of 2024 dated 23.10.2024, registered for the offences under Sections 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita and 30(a), 41(1), 31, 33, 38 and 47 of the Bihar Prohibition and Excise Act.
As per the FIR, acting on secret information, the police conducted a raid and recovered 4,000 liters of spirit from a godown. One person was apprehended on the spot, who disclosed that the transport owners are involved in illegally 2/3 procuring spirit through various GST number holders for the purpose of illicit liquor manufacturing.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case merely on the basis of suspicion. The petitioner’s name does not appear in the FIR, and there is no cogent material linking him to the seizure in question. He has been made accused in this case during the course of investigation. No recovery has been made from the constructive possession of the petitioner, and he is in no way connected to the recovered spirit or the place from which it was seized. It is further submitted that the petitioner has no concern with the godown and liquor and he was not even seen at the place of occurrence. Lastly, it is submitted that the petitioner has one criminal antecedent similar to the present case, in which he is currently on bail.
Learned APP for the State opposed the prayer for grant of anticipatory bail.
Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner and petitioner is in no way connected with the seized spirit, accordingly, this Court is inclined to grant anticipatory 3/3 bail to the petitioner.
Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, East Champaran, Motihari, in connection with Haraiya P.S. Case No.21 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023. shikha/- (Ajit Kumar, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.