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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to bail as they have clean antecedents and lack direct involvement in the seized liquor.

Summary

The petitioners, Shubham Kumar and Abhinash Kumar, were in custody for alleged offences under Sections 30(a), 32(i) and 41(i) of the Bihar Prohibition and Excise Act, 2022, relating to the seizure of 318.24 litres of illegal foreign liquor from a Tata ACE. They contended that they were falsely implicated, had no connection with the seized liquor, and possessed a clean antecedent. The court examined the allegations, the nature of the offences, and the petitioners' lack of direct possession or control over the liquor. Considering their clean record and the absence of evidence linking them directly to the contraband, the court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge Court, Begusarai.

Issues considered

  • Whether the petitioners are entitled to bail under the Bihar Prohibition and Excise Act, 2022 in view of the alleged offences.
  • Whether the petitioners have sufficient nexus to the seized illegal liquor to justify continued detention.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33380 of 2026
                        Arising Out of PS. Case No.-41 Year-2026 Thana- Lakho District- Begusarai
                 ======================================================
           1.     Shubham Kumar, Male-27 years, S/O Late Shankar Singh R/O Vill.-
                  Ramdiri Nakti Tola, Ward no. 07 P.S.- Matihani, Dist.- Begusarai
           2.    Abhinash Kumar, Male-25 years, S/O Ram Pravesh Sah R/O Vill.- Ramdiri,
                 Ward no. 17 P.S.- Mufassil, Dist.- Begusarai

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advoate
                 For the Opposite Party/s :        Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State through virtual modes.

                                2. The petitioners are in custody in a case registered

                   for the offence punishable under Sections 30(a), 32(i) & 41(i) of

                   the Bihar Prohibition and Excise Act, 2022.

                                3. As per allegation in the FIR, total 318.24 liters of

                   illegal foreign liquor which was recovered from a Tata ACE

                   bearing registration no.BR-10GA-7973

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. He next

                   submits that they have no concern with the seized articles and

                   the same was not recovered from the conscious or constructive
          Patna High Court CR. MISC. No.33380 of 2026(2) dt.19-05-2026
                                                      2/2




                    possession of the petitioners. Petitioners have got clean

                    antecedent as stated in para-3 of the petition and they are in

                    custody since 25.03.2026.

                                 5. In view of the aforesaid facts and circumstances of

                    the case, let the above named both the petitioners be released on

                    bail on furnishing bail bond of Rs.10,000/- (ten thousand) each

                    with two sureties of the like amount each to the satisfaction of

                    learned Exclusive Special Excise Judge Court No.I, Begusarai

                    in connection with Lakho P.S. Case No. 41 of 2026.



                                                     (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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