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Patna High Court

Shashi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Shashi Kumar was arrested in connection with the seizure of 108 litres of illicit country-made liquor from a bike, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no possession of the liquor, that the seizure was not made in accordance with Section 105 of the BNSA, and that he was falsely implicated, having been in judicial custody since 21‑02‑2026. The State opposed bail, citing a prior similar offence. After hearing both sides, the Court found the petitioner's arguments persuasive and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to the Exclusive Special Judge, Excise Act, Jhanjharpur.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged seizure of illicit liquor.
  • Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act, 2023.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • seizure
  • Section 105
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25811 of 2026
                   Arising Out of PS. Case No.-13 Year-2026 Thana- Araria Sangram District- Madhubani
                 ======================================================
                 Shashi Kumar Son of Late Tirpit Paswan Resident of Village - Belmohan, P.S.
                 - Phulparas, District - Madhubani, Bihar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Adv.
                 For the Opposite Party/s :       Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Arariya Sangram P.S. Case No. 13 of 2026 registered for

                   the offence punishable under Sections 274 and 275 of the

                   B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   bike altogether, 108 liters of illicit country-made liquor were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is not concerned in any
           Patna High Court CR. MISC. No.25811 of 2026(2) dt.18-04-2026
                                                       2/2




                     way with the alleged bike. Nothing has been recovered from the

                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 21.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case of similar nature.

                                  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 learned

                     Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in

                     connection with Arariya Sangram P.S. Case No. 13 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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