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Patna High Court

Shantanu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail and is released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Shantanu Kumar, was arrested in connection with a case under the Bihar Prohibition and Excise Act for alleged recovery of 750 ml of illicit foreign liquor and counterfeit currency worth Rs 20,000 from the house of his brother‑in‑law, Minku Singh. The petitioner contended that he had no possession of the contraband, was neither owner nor tenant of the premises, and was falsely implicated solely because of his familial relationship. He also highlighted his lack of prior criminal record and his continued judicial custody since 22‑11‑2025. The State opposed the bail application. After considering the submissions, the Court held that the petitioner was entitled to regular bail and ordered his release upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Court of Excise, Danapur. The bail was granted in connection with Paliganj P.S. Case No. 552 of 2025 and Special Excise Case No. 2348 of 2025.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being implicated only through familial association with the co‑accused.
  • Whether the absence of contraband in the petitioner’s possession or premises negates the necessity of continued custody.
  • Whether the sections of the Bihar Prohibition and Excise Act invoked justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • bail application
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • counterfeit currency
  • familial relation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11374 of 2026
                       Arising Out of PS. Case No.-552 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Shantanu Kumar Son of Dhananjay Sharma @ Sanjay Sharma R/o
                 Village/Mohalla - Kudrasi, P.S. - Rampur Chauram, Dist. - Arwal.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Piyush Kant Singh, Advocate
                 For the Opposite Party/s :       Mr.Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Paliganj P.S.

                   Case No. 552 of 2025 dated 22-11-2025, registered under

                   Section 318(4), 178, 179, 180, 336(3), 340(2), 3(5) and 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 750 ml of illicit

                   foreign liquor and counterfeit currency amounting to Rs.

                   20,000/- from the house of the co-accused, Minku Singh.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that the petitioner has been

                   implicated merely on account of being the brother-in-law (sala)

                   of co-accused Minku Singh. It is next submitted that no
           Patna High Court CR. MISC. No.11374 of 2026(2) dt.17-02-2026
                                                       2/2




                     contraband was recovered from the conscious possession of the

                     petitioner or from his house; rather, the alleged illicit liquor and

                     counterfeit currency were recovered from the house of the co-

                     accused, Minku Singh. The petitioner is neither the owner nor

                     the tenant of the said premises from where the alleged recovery

                     has been made. Lastly, it is submitted that the petitioner has

                     been in judicial custody since 22-11-2025 and has no criminal

                     antecedents.

                                  5. Learned Additional Public Prosecutor for the State

                     has opposed the prayer.

                                  6. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Special Court of Excise,

                     Danapur, in connection with Paliganj P.S. Case No. 552 of 2025,

                     Special Excise Case No. 2348 of 2025.



                                                  (Khatim Reza, J)
shyambihari/-

U


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