Patna High Court
Md. ShamshadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 with two sureties, notwithstanding the alleged procedural irregularities in the seizure.
Summary
The petitioner, Md. Shamshad, was arrested in connection with a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 340.8 litres of Nepali liquor seized from a Santro car. The petitioner contended that the seizure was effected without compliance with Section 105 of the BNSS and that he had been in judicial custody since 25‑02‑2026. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the court considered the procedural irregularities and the petitioner’s custodial status. The court decided to enlarge the petitioner on bail, directing him to furnish a bail bond of Rs.10,000 with two sureties to the Special Judge, Excise Act, Jhanjharpur. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is eligible for bail despite the alleged procedural lapse in seizure under Section 105 of the BNSS.
- Whether the nature of the offences under IPC Sections 272, 273 and Bihar Prohibition and Excise Act Section 30(a) warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23089 of 2026
Arising Out of PS. Case No.-112 Year-2019 Thana- LAUKAHI District- Madhubani
======================================================
Md. Shamshad S/O Lukman Miya @ Lukman R/O Village- Kariyot, P.S-
Laukahi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Laukahi P.S. Case No.112 of 2019 registered for the
offence punishable under Sections 272 & 273 of the Indian
Penal Code and 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
Santro car altogether 340.8 liter of nepali country made liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the villagers have disclosed the
name of the petitioner as he is the person who has left the car.
Learned counsel for the petitioner has further submitted that the
witnesses of the seizure list are police personnel and police has
Patna High Court CR. MISC. No.23089 of 2026(2) dt.08-04-2026
2/2
not complied Section 105 of the BNSS while making seizure.
Learned counsel for the petitioner has further submitted that the
petitioner is in judicial custody since 25.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Special Judge, Excise Act, Jhanjharpur, Madhubani in
connection with Laukahi P.S. Case No.112 of 2019.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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