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Patna High Court

Shambhu Kumar Ram @ Shambhu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                    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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