Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to both petitioners subject to a bond of Rs.10,000 with two sureties each and a condition for possible cancellation if an antecedent is later found.
Summary
The petitioners, Shubham Kumar and Ritik Kumar, were arrested in connection with a case under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, alleging that 60 litres of liquor were recovered from a motorcycle they were riding. They contended that no incriminating article was found in their possession, they had no prior criminal record, and they had been in custody since 22 February 2026. The State opposed the bail application. After hearing both sides, the court considered the seriousness of the allegations, the lack of antecedent, and the length of custody, and ordered that both petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each. The bail was conditioned that if any antecedent under the Act is later discovered, the prosecution may move for its cancellation. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether regular bail should be granted to the accused under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of a criminal antecedent and the period of custody justify the grant of bail.
- Whether imposing a condition that allows cancellation of bail upon discovery of an antecedent is permissible.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28586 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Shubham Kumar Son of Late Amar Rai Resident of Village - Bara Telpa
Mathiya Ward No. 43, P.S.- Chapra Town, District - Saran.
2. Ritik Kumar Son of Rajesh Ray Resident of Village - Bara Telpa Mathiya
Ward No. 43, P.S.- Chapra Town, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
Mr. Vivek Kumar Pandey, Advocate
Ms. Neha Kumari, Advocate
Ms. Archana Kumari, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Sadar Excise P.S. Case
no.49 of 2026 registered under sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 60 litres of liquor is
said to have been recovered from the motorcycle being ridden
by these two petitioners.
4. Learned counsel for the petitioners submits that no
incriminating article has been recovered from their possession
or from their motorcycle. They have been falsely implicated in
Patna High Court CR. MISC. No.28586 of 2026(2) dt.06-05-2026
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the case. They have no criminal antecedent and are in custody
since 22.2.2026.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the petitioners being in custody since 22.2.2026 and
especially the petitioners not having any criminal antecedent,
both the petitioners are directed to be enlarged on bail in
connection with Sadar Excise P.S. Case no.49 of 2026 on each
of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned 3rd Exclusive Special Excise Court,
Saran at Chapra on the following condition :
(I) In case it transpires that the petitioners have
antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioners.
(Partha Sarthy, J)
Shiv/-
U T
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