Patna High Court
Shashi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 105, 274, 275
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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