Patna High Court
Shyam Hazra @ Shyamal HazraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail must be granted as the mandatory provisions of search and seizure were violated and a charge‑sheet had been filed.
Summary
The petitioner, Shyam Hazra, was arrested as the driver of a vehicle from which 673.5 litres of illicit foreign liquor were seized. He claimed he had no knowledge of the liquor and was implicated only after a scuffle with police during the search, alleging violations of Sections 103 and 105 of the B.N.S.S. and improper search and seizure. The State opposed bail, relying on the FIR allegations. The Court considered that the mandatory procedures for search and seizure were breached and that a charge‑sheet had already been filed. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties, pending further proceedings before the Special Excise Judge.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite the seizure of illicit liquor.
- Whether the alleged violation of Sections 103 and 105 of the B.N.S.S. and improper search‑seizure procedures justify bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32
- B.N.S.S. — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- search and seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36538 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- GANGTA District- Munger
======================================================
Shyam Hazra @ Shyamal Hazra Son of Dhirendra Hazra Resident of village -
Prasim Falakata, P.S.- Ali purdwar, District - Ali Purdwar (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) and 32 of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, 673.5 litres of illicit
foreign liquor recovered from pickup vehicle.
4. Learned counsel for the petitioner submits that
the petitioner is said to be the driver of the said vehicle. It is
further submitted that the petitioner was made an accused in
this case due to scuffle with the police personnel with regard to
search and seizure and the petitioner had no knowledge
whatsoever, of any liquor kept in the vehicle. There is violation
of Sections 103 and 105 of the B.N.S.S.. The petitioner has no
Patna High Court CR. MISC. No.36538 of 2026(2) dt.11-06-2026
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criminal antecedent and he is in custody since 09.03.2026 and
charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering that the mandatory provisions of
search and seizure have been violated and charge-sheet has
been submitted, let the above named petitioner, 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,
Munger/concerned Court below in connection with Gangta P.S.
Case No. 16 of 2026.
(Soni Shrivastava, J)
anand/-
U T
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