Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(i), 41(i)
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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