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Patna High Court

Shyam Bihari KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Shyam Bihari Kumar, was arrested in connection with a case alleging possession of 165 litres of country‑made liquor recovered from an e‑rickshaw, invoking Sections 30(A), 41 and 56 of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, had no ownership or control over the vehicle, possessed no incriminating material, and had no prior criminal record. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, asserting the seriousness of the offences. After considering the facts, the court found the petitioner’s claim of innocence credible and noted the lack of material in his possession, and consequently granted bail on a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(A), 41 and 56 of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • criminal procedure
  • Section 103
  • Bihar
  • e‑rickshaw

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2506 of 2026
                        Arising Out of PS. Case No.-454 Year-2025 Thana- SAHPUR District- Patna
                 ======================================================
                 Shyam Bihari Kumar S/O Gajadhar Rai R/O Village- Hulasi Tola, P.S- Maner,
                 Distt.- Patna, Bihar.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Shahpur P.S. Case No. 454 of 2025, instituted for the offences

                   punishable under Sections 30(A), 41 and 56 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 165

                   liters of country made liquor was recovered from E-Rickshaw.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way
           Patna High Court CR. MISC. No.2506 of 2026(2) dt.19-01-2026
                                                       2/2




                     and has become victim of circumstances. The petitioner is in

                     custody since 22.11.2025 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Shahpur P.S. Case

                     No. 454 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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