Patna High Court
Sheel Kumar @ Shil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Sheel Kumar, was arrested on 16 February 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after 404 litres of Indian‑made foreign liquor were seized from a vehicle. He applied for bail, contending that the liquor was not in his conscious possession and that the vehicle, not he, was the source of the seizure. He also highlighted that co‑accused persons had already been released on bail in related matters and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 had not been complied with. The State opposed bail, noting the petitioner’s involvement in two other cases, though he was already on bail in those matters. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 where the seized liquor was recovered from a vehicle and not from the petitioner’s personal possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 bars the grant of bail.
- Whether the bail granted to co‑accused persons influences the decision on bail for the petitioner.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure of liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21946 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Sheel Kumar @ Shil Kumar Son of Jagwali Roy @ Jagbali Rai Resident of
Village - Musapur Ward No. 08, Police Station- Ghatho, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Ms.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr.Shashank Shekhar, learned counsel for the
petitioner and Ms.Pronoti Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
16.02.2026 in connection with Kochadhaman P.S. Case No. 88
of 2026, F.I.R. dated 16.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 404.00 liters of Indian made foreign
liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
vehicle in question and altogether 404.00 liters of Indian made
Patna High Court CR. MISC. No.21946 of 2026(2) dt.10-04-2026
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foreign liquor was recovered from the vehicle in question.
Further submits that there is non-compliance of Sections 103
and 105 of BNSS, 2023 and co-accused person, namely, Ashish
Kumar, who was apprehended alongwith the petitioner, has
been granted bail by this Court vide order dated 31.03.2026
passed in Cr. Misc. No.19453 of 2026 co-accused person,
namely, Harsh Raj, has been granted bail by this Court vide
order dated 17.03.2026 passed in Cr. Misc. No. 16800 of 2026
and the petitioner is in custody since 16.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but fairly submits that
the petitioner is on bail in both the cases, as mentioned in para-3
of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail 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-I), Kishanganj in connection with Kochadhaman P.S.
Case No. 88 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.21946 of 2026(2) dt.10-04-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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