Patna High Court
Shambhu Kumar @ Shambhu MochiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Shambhu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 550 litres of liquor. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and that no incriminating article was found in his possession. The State opposed bail, while the petitioner highlighted his lack of prior criminal record and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court examined the facts, the duration of custody, and the likelihood of the petitioner tampering with evidence or fleeing. Considering the circumstances, the Court granted bail subject to monetary surety and specific conditions. The order directed the petitioner to appear at all trial dates and prohibited any interference with witnesses or evidence.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
- Whether the petitioner poses a risk of tampering with evidence, influencing witnesses, or absconding.
Legislation cited
Subjects
- bail
- prohibition and excise
- liquor seizure
- driver liability
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14410 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- PIPRA District- Patna
======================================================
Shambhu Kumar @ Shambhu Mochi Son of Indradev Ravidas R/o Village -
Sripalpur, P.S. - Punpun, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, 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 Pipra
P.S. Case No. 109 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 550 litres
of liquor was recovered from auto.
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 not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
Patna High Court CR. MISC. No.14410 of 2026(2) dt.27-02-2026
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but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 26.12.2025 and 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 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 Pipra P.S. Case No.
109 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
Patna High Court CR. MISC. No.14410 of 2026(2) dt.27-02-2026
3/3
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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