Patna High Court
Shankar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Shankar Sah applied for regular bail in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where 101.250 litres of foreign liquor were seized from a vehicle alleged to be his. The petitioner contended that he had sold the vehicle before the incident to Ram Anup Rai, who subsequently sold it to Gauri Shankar Sharma, and asserted his innocence and clean antecedent. He has been in custody since 6 December 2025. The State opposed the bail application. Considering the petitioner’s clean record and the circumstances of the sale of the vehicle, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The bail order was directed to be complied with by the Exclusive Special Excise Court, Sheohar.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged involvement in offences under the Bihar Prohibition and Excise Act.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2873 of 2026
Arising Out of PS. Case No.-65 Year-2021 Thana- HIRAMMA P.S. District- Sheohar
======================================================
Shankar Sah S/o Sukhdev Sah R/O village- Parshurampur, P.S. - Parsauni,
Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv.
For the Opposite Party/s : Mr. J. N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Hiramma P.S. Case No. 65 of 2021 registered for the offence
punishable under Sections-30(a), 41(1) of Bihar Prohibition and
Excise Act.
3. Allegedly, the vehicle wherefrom 101.250 litres of
foreign liquor was recovered, is said to be owned by the
petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he is a person of clean
antecedent. He was not arrested at the spot and the vehicle was
sold by the petitioner prior to the occurrence to one Ram Anup
Patna High Court CR. MISC. No.2873 of 2026(2) dt.13-02-2026
2/2
Rai and thereafter, the said Ram Anup Rai sold that vehicle to
Gauri Shankar Sharma. The petitioner is under custody since
06-12-2025.
5. Learned counsel appearing for the State has
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
as well as clean antecedent, let the petitioner named above, be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Exclusive Special Excise Court, Sheohar in
connection with Hiramma P.S. Case No. 65 of 2021.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
Checking your session…