Patna High Court
Sudhanshu Kumar @ Sudhanshu ShekharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Sudhanshu Kumar, was implicated in a case where 72.75 liters of illicit foreign liquor were recovered from a car. He claimed innocence, stating that the only link to him was the testimony of two apprehended girls and that no liquor was found in his possession. He had no prior criminal record and had been in judicial custody since 2 April 2026. The State opposed his regular bail application. After hearing both sides, the court found the circumstances warranted bail and ordered his release on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge, Danapur.
Issues considered
- Whether the petitioner is eligible for regular bail under the circumstances of the case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- criminal procedure
- prohibition law
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29077 of 2026
Arising Out of PS. Case No.-1290 Year-2018 Thana- BIHTA District- Patna
======================================================
Sudhanshu Kumar @ Sudhanshu Shekhar Son of Late Vinod Singh Resident
of Village- Kalyanpur PS -Paliganj District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 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 Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
car, altogether 72.750 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. The name of this petitioner
has been disclosed by two apprehended girls Kajal Kumari and
Karishma Kumari. Nothing has been recovered from his
possession. He is neither the owner nor the driver of the said
Patna High Court CR. MISC. No.29077 of 2026(2) dt.06-05-2026
2/2
car. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 02.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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
Bihta P.S. Case No. 1290 of 2018 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Excise Judge,
Danapur, Patna.
(Ashok Kumar Pandey, J)
lata/-
U T
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