Patna High Court

Shankar KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, given the absence of incriminating material, the petitioner’s lack of antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, bail should be granted.

Summary

Shankar Kumar was arrested after 279 litres of Nepali liquor were seized from two motorcycles and charged under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, not the owner of the motorcycles, and that no incriminating material was found in his possession; he also highlighted his clean record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s antecedents and the procedural lapse, the Court inclined to grant bail. The order directed the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount. The bail was consequently granted, and the petitioner was released.

Issues considered

Whether bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act
Whether the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been complied with
Whether the petitioner’s custody period, lack of incriminating material and clean antecedents justify the grant of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)

Subjects

bail
illegal liquor
criminal procedure
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 103 compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13107 of 2026
                     Arising Out of PS. Case No.-27 Year-2026 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Shankar Kumar S/o- Ram Chandra Yadav Resident of Village- Chhapradhi,
                 Ward No. 10, P.S.- Khajauli, District- Madhubani
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, A.P.P.
                 ======================================================
                 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

                   Jaynagar P.S. Case No. 27 of 2026, instituted for the offences

                   punishable under Sections 274, 275, 317(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 279

                   liters of Nepali liquor was recovered from two motorcycles.

                   Petitioner was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
           Patna High Court CR. MISC. No.13107 of 2026(2) dt.24-02-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner is

                     not the owner of the motorcycles rather he was passersby of the

                     way and has become victim of circumstances. The petitioner is

                     in custody since 15.01.2026 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     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 and 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 Jaynagar P.S. Case

                     No. 27 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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