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Patna High Court

Shyam Hazra @ Shyamal HazraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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