Patna High Court
Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shekhar Kumar, applied for regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act where 120 litres of country‑made liquor were seized from an e‑rickshaw. He contended that he was merely a passerby, not the driver or owner, and that the liquor was not found in his conscious possession. He further alleged that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. The State opposed the bail, but the court, after considering the lack of direct evidence linking the petitioner to the contraband and the procedural lapse, ordered his release on bail. He was directed to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Excise Court, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seizure of liquor from an e‑rickshaw.
- Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- seizure
- police procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16432 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- DAUDPUR District- Saran
======================================================
Shekhar Kumar S/o Shankar Prasad Resident of Village - Mauna Daldali
Bazar, P.S. - Bhagwan Bazar, P.S. - Chapra Town, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from an e-
rickshaw, altogether 120 liters of country made liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. He has no knowledge
regarding the alleged recovery. Neither he is the driver nor the
Patna High Court CR. MISC. No.16432 of 2026(2) dt.13-03-2026
2/2
owner of the said e-rickshaw. He is only a passerby. The
witnesses of the seizure list are police personnel and police has
not complied Section 105 of BNSS while preparing seizure.
Moreover, he is languishing in judicial custody since
04.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Daudpur P.S. Case No. 35 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 01 Exclusive Special Excise
Court, Saran at Chapra.
(Ashok Kumar Pandey, J)
shubham/-
U T
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