Patna High Court
Shyam Singh @ Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail may be granted on condition of a Rs.5,000 bond with two sureties.
Summary
Shyam Singh, accused under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022, sought bail. He alleged that the spirits seized (1360 litres from a four‑wheeler and 840 litres concealed in a husk, along with three motorcycles) were not in his possession and that he was implicated by a chowkidar without proper investigation. The petitioner, who has nine prior cases (seven under the Excise Act), had been in custody since 03‑02‑2026 and a charge‑sheet had been filed. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedents. The Court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court’s conditions.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Amendment Act, 2022 despite prior criminal antecedents and the nature of the alleged offences.
Subjects
- bail
- excise
- prohibition
- criminal procedure
- antecedent cases
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17786 of 2026
Arising Out of PS. Case No.-382 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Shyam Singh @ Shyam Kumar Son of Suryadev Singh R/o Dihuli, P.S. -
Madanpur, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 Sections 30(a), 34 and 36 of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 9 cases, out of which, seven cases
are under the Excise Act and allegation is of recovery of 1360
litres of spirit from a four wheeler and 840 litres of spirit was
found concealed in a husk and 3 motorcycles were seized. It is
next submitted that 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 vehicle and he came to be
implicated at the instance of chowkidar with whom he is on an
Patna High Court CR. MISC. No.17786 of 2026(2) dt.18-04-2026
2/2
inimical term. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is next submitted that
petitioner is in custody since 03.02.2026 and charge sheet has
been submitted. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (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
Madanpur P.S. Case No.382/2025.
(Satyavrat Verma, J)
amit/-
U T
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