Patna High Court
Shailesh Kumar @ Shailesh Ray @ Shailesh RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 105
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
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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
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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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