Created by Fuzzy Cloud

Patna High Court

Shankar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.