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Patna High Court

Shakti KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Shakti Kumar was arrested in connection with an excise case (Case No. 1397 of 2025) where 128 litres of liquor were seized from two motorcycles. The prosecution alleged his involvement, but the petitioner claimed he was falsely implicated and no liquor was found in his possession. He had been in custody since 16‑12‑2025 and possessed one prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, while the petitioner’s counsel argued for release. Considering the lack of direct evidence, the duration of custody, and procedural lapses, the Court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner in an excise case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
  • Whether the petitioner’s alleged false implication and lack of incriminating material in his possession justify bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • false implication
  • Section 103
  • Bihar Prohibition and Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14386 of 2026
                    Arising Out of PS. Case No.-1397 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Shakti Kumar S/o- Kailash Ram @ Kailas Paswan Village- Baliya PS- Amba
                 District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 1397of 2025 instituted for the offences punishable

                   under Section 30(a), 32(3) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 128 litres

                   of liquor was recovered from two motorcycles.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicles in
           Patna High Court CR. MISC. No.14386 of 2026(2) dt.27-02-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 16.12.2025 and has one 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 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 Excise P.S. Case No.

                     1397of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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