SHAMBHU KUMAR @ SHAMBHU PASWANversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19746 of 2026
                      Arising Out of PS. Case No.-59 Year-2026 Thana- Excise P.S. District- Lakhisarai
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                 Shambhu Kumar @ Shambhu Paswan S/O Late Garib Paswan R/O Mohalla -
                 Khaira Mahsoni, Ward No.- 14, P.S- Piri Bazar, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s      :        Mr. Rajiv Kumar, Advocate
                                                    Mr. Piyush Priyanshu Kumar, Advocate
                 For the Opposite Party/s :         Mrs. Sangeeta Sharma, APP
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                 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 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 the

                   possession of this petitioner, altogether 5 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 possession of the petitioner. He has been

                   falsely implicated in this case. There is no independent witness
            Patna High Court CR. MISC. No.19746 of 2026(2) dt.25-03-2026
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                      of the seizure list rather he is police personnel. Police has not

                      followed Section 105 of BNSS while preparing seizure list.

                      Moreover, the petitioner is languishing in judicial custody since

                      28.01.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and submitted

                      that petitioner is having criminal antecedent of three cases of

                      similar nature.

                                   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

                      Excise Case No. 59C2 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 Exclusive Special Judge

                      Excise-II, Lakhisarai with a condition that the petitioner will

                      not indulge in similar nature of offences in future.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T