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Patna High Court

Shankar KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the nature of the allegation and the petitioner’s criminal antecedents did not justify release.

Summary

The petitioner, Shankar Kumar, was arrested in connection with the seizure of 126 litres of illicit liquor packed in three jute sacks, alleged under Section 30(a) of the Bharatiya Nyaya Sanhita. He has been in custody since 24‑02‑2026 and already faces eleven similar cases. The petitioner applied for bail, arguing that he should be released pending trial. The court examined the seriousness of the alleged offence and the petitioner’s extensive criminal antecedents. Considering the nature of the allegation and his prior record, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bharatiya Nyaya Sanhita in view of the nature of the alleged offence and his prior criminal antecedents

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Section 30(a)
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • high court
  • denial of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 19221 of 2026
                      Arising Out of PS. Case No.-185 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Shankar Kumar Son of Vinod Rai @ Binod Rai Resident Of Village- Khatri
                 Lane, Hamam Par, Ps- Khajekala, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ravi Ranjan, Advocate
                 For the State           :        Mr.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Khajekalan P.S. Case No. 185 of 2025 registered for the offence

                   punishable under Sections 30(a) of the Bharatiya Nyaya

                   Sanhita.

                                 3. As per the prosecution case, there is recovery of

                   126 litres of illicit liquor packed in the white plastic in three

                   different jute sacks from the petitioner.

                                 4. The petitioner is in custody since 24.02.2026

                   having eleven similar cases.

                                5. Considering the nature of allegation levelled

                   against the petitioner as well as the criminal antecedents, I am

                   not inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No. 19221 of 2026(2) dt.25-03-2026
                                                       2/2




                                  6. Accordingly, the application stands dismissed for

                     the present.


                                                                           (Sandeep Kumar, J)

P. Kumar

U     T


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