Patna High Court
Shankar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Shankar Sah was arrested in connection with the alleged recovery of 457.8 litres of liquor from two vehicles, charged under Section 30(a) of the Bihar Excise Act. The petitioner argued that he was not caught in the act, had no conscious possession of the liquor, and was not the owner of the vehicles, contending that the case was based on secret information without proper investigation. He also highlighted that he had been in custody since 8‑January‑2026 and had two prior excise cases, but asserted he would not abscond and would cooperate with the trial. The State opposed the bail application. The High Court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act considering the alleged recovery of liquor, lack of possession, and prior offences
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Excise Act
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14012 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
Shankar Sah Son of Ramji Sah Resident of village - Sahargama Dhami Tola,
P.S.- Parihar, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 457.8 litres of liquor from two
vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicles and he came to be implicated based
on secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.14012 of 2026(2) dt.16-04-2026
2/2
someone without holding a proper investigation. It is next
submitted that if privilege of regular bail is granted to the
petitioner, the petitioner will not abscond rather will co-operate
in the trial to prove his innocence. It is further submitted that
petitioner is in custody since 8-1-2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Parihar P.S. Case
No. 319 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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