Patna High Court

Shashi Bhushan KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner with conditions.

Summary

Shashi Bhushan Kumar was arrested in connection with a case involving the alleged possession of 5 litres of country-made liquor, a gas stove and utensils, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that no incriminating material was found in his personal possession and that the recovery was made from an open public area. He had been in custody since 6 December 2025 and possessed three prior criminal antecedents, with the prosecution not complying with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted despite the petitioner’s three prior criminal antecedents
Whether the lack of material found in the petitioner’s possession and the open‑place recovery negate the charge
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects bail eligibility

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275

Subjects

bail
prohibition law
excise
criminal antecedents
Section 103 compliance
open place recovery
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3107 of 2026
                       Arising Out of PS. Case No.-285 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Shashi Bhushan Kumar S/o- Ram Lagan Chaudhary Resident of Village-
                 Manpur P.S. Halsi District- Lakhisarai
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Halsi

                   P.S. Case No. 285 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   Section 274 and 275 of Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that total 05 liters

                   of country made liquor along with gas stove and utensils were

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner further submitted that the recovery has been

                   made from open place, which is accessible to public at large.
           Patna High Court CR. MISC. No.3107 of 2026(2) dt.19-01-2026
                                                       2/2




                     The petitioner is in custody since 06.12.2025 and has got three

                     criminal antecedents. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Halsi P.S. Case No.

                     285 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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