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Patna High Court

Shailesh Kumar @ Shailesh Ray @ Shailesh RoyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the absence of possession and procedural lapses outweighed the petitioner’s criminal antecedents, warranting the grant of regular bail with conditions.

Summary

Shailesh Kumar was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 after his co‑accused, Md. Faiz, was found with 36 litres of Nepali liquor and named him as a participant. The petitioner contended that he had no possession of the liquor, was falsely implicated, and that the police failed to comply with the mandatory provisions of Section 105 of the BNSS. The State opposed bail, highlighting the petitioner’s extensive criminal antecedents. The court, after weighing the lack of direct recovery from the petitioner and the procedural lapse, decided to grant regular bail despite the antecedents, imposing a bond of Rs.10,000 with two sureties and several conditions of appearance and cooperation. The order also required weekly attendance at the Dhaka Police Station.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether non‑compliance of Section 105 of the BNSS by the police affects the grant of bail.
  • Whether the petitioner’s criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal antecedents
  • procedural lapse
  • regular bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28411 of 2026
                  Arising Out of PS. Case No.-304 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Shailesh Kumar @ Shailesh Ray @ Shailesh Roy S/O Ram Balak Prasad
                 Yadav @ Rambalak Rai @ Ram Balak Pd. Yadav Resident of village-
                 Yadavpur Bakhari, P.S- Dhaka, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a) of

                   the Bihar Prohibition and Excise Act, 2022.

                                3.     The case of the prosecution is that co-accused,

                   namely, Md. Faiz was apprehend with 36 liters of Nepali

                   country made liquor and the name of the petitioner has been

                   disclosed by the co-accused from whom the recovery was made.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.28411 of 2026(2) dt.05-05-2026
                                            2/3




          the petitioner. It is further submitted that all the witnesses of the

          seizure list are police personnel and the police had not complied

          the mandatory provision of Section 105 of the BNSS.

          Moreover, the petitioner is languishing in judicial custody since

          05.02.2026.

                        5. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the petitioner has 12

          criminal antecedents.

                        6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Kundwa Chainpur P.S. Case No. 304 of

          2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Court No. 3, East Champaran,

          Motihari, subject to the condition that

                        (I) the petitioner shall co-operate in the trial and shall

          remain physically present in the trial Court on each and every

          date;

                        (II) one of the bailor shall be near relative of the

          petitioner.

                        (III) However, it has been brought on record that the
            Patna High Court CR. MISC. No.28411 of 2026(2) dt.05-05-2026
                                                        3/3




                      petitioner has criminal antecedents in 14 cases. In such

                      circumstances, he is directed to cooperate in the trial, remain

                      physically present on each and every date fixed by the court,

                      and mark his attendance once every week at Dhaka Police

                      Station.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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