Patna High Court
Shankar Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Shankar Kumar Chaudhary, was arrested in connection with a case under Sections 30(a) and 32(ii)(iii) of the Bihar Prohibition & Excise (Amendment) Act, 2018, for allegedly transporting 202.5 litres of illicit foreign liquor in his pick‑up van. He contended that he was a first‑time offender and that the search and seizure violated Section 105 of the Bihar Narcotic Substances Act. The State opposed the bail application. After hearing both sides and reviewing the record, the Court considered the nature of the offence, the alleged procedural lapse, and the petitioner’s custody since February 2026. The Court held that bail could be granted subject to a bond of Rs. 10,000 with two sureties, to be satisfied by the Exclusive Excise Judge‑I, Patna. Consequently, the petitioner was released on bail.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged violation of Section 105 BNSS.
- Whether the nature of the offence under the Bihar Prohibition & Excise (Amendment) Act, 2018 warrants denial of bail.
- Whether the petitioner’s status as a first‑time offender influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- search and seizure
- first offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23178 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- KANKARBAG District- Patna
======================================================
Shankar Kumar Chaudhary Son of Arun Kumar Chaudhary Resident of
Village- Sohjana, P.S.- Islampur, District- Nalanda, Bihar- 803116
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nishikant
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Kankarbagh P.S. Case No. 106 of 2026, registered for the
offence under Sections 30(a), 32(ii)(iii) of Bihar Prohibition &
Excise (Amendment) Act, 2018.
3. As per the allegation, the petitioner was found
driving the pick-up van from which allegedly 202.500 liters of
illicit foreign liquor was recovered. It has been alleged that the
petitioner is the owner of the pick-up van.
4. Learned counsel appearing for the petitioner
submits that petitioner is first offender and the search and
seizure is in violation of Section 105 BNSS and he is in custody
since 09.02.2026.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.23178 of 2026(3) dt.07-05-2026
2/2
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner 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 Excise Judge-I, Patna, in connection with
Kankarbagh P.S. Case No. 106 of 2026.
(Praveen Kumar, J)
Pawan/-
U T
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