Patna High Court
Shankar Kumar @ Shankar SaoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
Shankar Kumar was arrested in connection with an excise case (Case No. 121 of 2026) for allegedly transporting 160 litres of country-made liquor, alleged offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, had no knowledge of the liquor, and that the police failed to comply with Section 105 of the B.N.S.S. He also highlighted his clean record and that he had been in judicial custody since 2 February 2026. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found the petitioner's claim of innocence plausible and noted the procedural lapse, and therefore ordered bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Special Judge, Excise, Danapur.
Issues considered
- Whether bail should be granted to the petitioner in an excise case involving alleged possession of 160 litres of illicit liquor.
- Whether the petitioner’s claim of being a mere passenger and lack of knowledge negates the charge under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.
- Whether the failure of police to comply with Section 105 of the B.N.S.S. affects the bail decision.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise law
- liquor seizure
- Section 30(a)
- Section 56(b)
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18819 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- EXCISE PALIGANJ District- Patna
======================================================
Shankar Kumar @ Shankar Sao, S/o- Late Jagnarayan Sao, R/v- Aral More,
Gareriya Khan, P.S. & Dist- Jehanabad
... ... 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 : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise Paliganj P.S. Case No. 121 of 2026 registered for
the offence punishable under Sections 30(a) and 56(b) of Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
tempo, altogether 160 liters of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is only the passenger in that tempo and he was unaware
of the alleged liquor. Nothing has been recovered from his
Patna High Court CR. MISC. No.18819 of 2026(2) dt.25-03-2026
2/2
possession. The seizure list witnesses are police personnel.
Police has not complied Section 105 of B.N.S.S. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 02.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Excise, Danapur in connection with Excise Paliganj P.S.
Case No. 121 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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