Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, subject to monetary and procedural conditions.
Summary
The petitioners, Shankar Kumar (driver) and Sinku Kumar (khalasi), were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,612.8 litres of liquor were recovered from a parcel vehicle. They contended that they were falsely implicated, had no ownership of the vehicle, and no liquor was found in their personal possession. The petitioners had been in custody since 14 December 2025, with one having a prior criminal antecedent and the other being a first‑time offender. The State opposed bail, but the court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioners' limited role in the alleged offence. Consequently, the court granted bail on the condition of a Rs.15,000 bond per petitioner, two sureties, a family member as bailor, and strict attendance at trial dates.
Issues considered
- Whether bail should be granted to persons accused under Section 30(a) of the Bihar Prohibition and Excise Act when they claim no ownership or possession of the contraband.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioners' prior criminal antecedent and period of custody affect the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- ownership
- Section 30(a)
- Section 103
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13240 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
1. Shankar Kumar S/o Jhaman Bind @ Manoj Ram Resident of Village-
Doripar, P.S.- Masaudhi, Distt.- Patna
2. Sinku Kumar So Nageshwar Singh R/o- Barchaiata, P.S.- Tankuppa, Distt.-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Tetarhat
P.S. Case No. 228 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 1612.8
litres of liquor was recovered from parcel vehicle.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
that petitioners are not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.13240 of 2026(2) dt.24-02-2026
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submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the khalasi and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 14.12.2025. Petitioner no. 1
has one criminal antecedent whereas petitioner no. 2 has no
criminal antecedent. 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tetarhat P.S. Case
No. 228 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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