Patna High Court
Shankar Kumar @ Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Shankar Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 612 litres of liquor were recovered from a public place. The petitioner argued that he was falsely implicated, noting that no liquor was found in his possession and that the recovery was from an open area accessible to the public. He had been in custody since 5 January 2026 and possessed two prior criminal records, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the circumstances, the length of custody, and the lack of direct evidence against the petitioner. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of recovery from a public place, prior criminal antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal antecedents
- Section 30(a)
- Section 103
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12792 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
Shankar Kumar @ Shankar Yadav S/o Dilip Kumar @ Dilip Yadav R/o vill -
Sundar, Virajit, P.S.- Madhepur, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archna Aanand, Advocate
Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhepur P.S. Case No. 241 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 612 litres
of liquor has been recovered from plastic sac under puwal.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.12792 of 2026(2) dt.24-02-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 05.01.2026 and has two
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhepur P.S. Case
No. 241 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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