Patna High Court
Shambhu Kumar Ram @ Shambhu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Shambhu Kumar Ram was arrested on 14‑12‑2025 in connection with the seizure of 909 litres of Nepali liquor and charged under Sections 24, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the liquor was recovered from an open bush rather than from his possession. He also contended that the investigating authorities failed to comply with Sections 103 and 105 of the Bharatiya Nyay Sanhita, which govern investigation procedures. The Additional Public Prosecutor opposed bail. The Court, noting the petitioner’s clean record and the procedural lapses, 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 antecedents. The bail order was directed to be implemented by the Special Judge, Excise Act, Jhanjharpur.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bharatiya Nyay Sanhita warrants the grant of bail.
- Whether the fact that the seized liquor was not found in the petitioner’s conscious possession affects the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 24, 275, 3(5)
Subjects
- bail
- criminal procedure
- investigation compliance
- excise law
- liquor seizure
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22635 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Shambhu Kumar Ram @ Shambhu Ram S/O Ram Chandra Kumar Ram @
Ram Chandra Ram Resident of Village- Gidaha, Police Station- Ghoghardiha,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Md Soban Asghar, learned counsel for the
petitioner and Mr. Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.12.2025 in connection with Ghoghardiha P.S. Case No. 190
of 2025, F.I.R. dated 14.12.2025 for the offences punishable
under Section 24, 275, 3(5) of Bharatiya Nyay Sanhita, 2023
and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 909 liters of Nepali Desi Mamashree
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.22635 of 2026(2) dt.07-04-2026
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from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from a bush which is an open place
and the petitioner has been made accused merely on the basis of
suspicion. He further submits that there is non-compliance of
Section 103 and 105 of BNSS and the petitioner is in custody
since 14.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, 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 the learned Exclusive Special Judge, Excise Act,
Jhanjharpur, Madhubani in connection with Ghoghardiha P.S.
Case No. 190 of 2025, subject to 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
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.22635 of 2026(2) dt.07-04-2026
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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)
Suruchi/-
U T
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