Patna High Court
Shankar Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners, directing them to furnish a bail bond with sureties.
Summary
Petitioners Shankar Kumar and Mahendra Yadav sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, where 426 litres of country‑made liquor were allegedly recovered from Mahendra Yadav's house. The petitioners contended they were innocent, that no liquor was found in their possession, and that the seizure list was not prepared in compliance with Section 105 of the BNSS, rendering the recovery procedure defective. The State opposed bail, alleging the petitioners have a history of similar offences. After hearing both sides, the Court found merit in the petitioners' arguments regarding procedural lapses and lack of direct evidence, and ordered their release on regular bail subject to a bond of Rs.10,000 with two sureties and a condition not to commit similar offences. The bail order was directed to be complied with by the Exclusive Special Judge of the Excise Court, Supaul.
Issues considered
- Whether the petitioners are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the alleged seizure of liquor.
- Whether the seizure list complied with the procedural requirements of Section 105 of the BNSS, and its impact on the bail application.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- regular bail
- excise offence
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23144 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Excise P.S. District- Supaul
======================================================
1. Shankar Kumar @ Raushan Kumar Son of Mahendra Yadav Resident of
Village- Kaushalipatti ward no. 18, P.S.- Pipra, District- Supaul
2. Mahendra Yadav Son of Late Ram Kishun Yadav Resident of Village-
Kaushalipatti ward no. 18, P.S.- Pipra, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 426
liter of country made liquor was recovered from various places
of the house of the petitioner, namely, Mahendra Yadav.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
have been falsely implicated in this case. They have no concern
Patna High Court CR. MISC. No.23144 of 2026(2) dt.16-04-2026
2/2
with the alleged recovery. There is no independent witness of
the seizure list rather they are police personnel. Police has not
complied Section 105 of BNSS while preparing the seizure list.
Moreover, the petitioners are languishing in judicial custody
since 01.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioners are having criminal of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Supaul Sadar Prohibition and Excise P.S. Case No. 45 of 2026
on furnishing bail bond of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise Court No. 2, Supaul
with a condition that they will not indulge themselves in
similar nature of offences in future.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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