Patna High Court
Shailesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shailesh Kumar, was arrested on 22 March 2026 after 65 litres of country‑made liquor was seized from a motorcycle he owned, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. He applied for regular bail, asserting his innocence, lack of knowledge about the liquor, clean antecedents, and that no incriminating articles were found in his conscious possession. The State opposed the bail, relying on the FIR and the seizure report. The court examined the FIR, the seizure details, and the petitioner’s clean record, noting the absence of an independent witness to the seizure list. Considering these factors, the judge was inclined to grant bail. Consequently, the court ordered the release of the petitioner on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016
- Whether the circumstances of the seizure and the petitioner’s clean antecedents justify granting bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise
- prohibition
- liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33716 of 2026
Arising Out of PS. Case No.-395 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Shailesh Kumar aged about 21 years, Male Son of Upendra Yadav, Resident
of village - Bazar Verma, PS - Goh, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 19-05-2026 Learned counsel for the petitioner and learned APP
for the State heard through virtual mode.
2. The petitioner seeks bail in connection with Sadar
Gaya Ji Excise P.S. Case No. 395 of 2026 instituted for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act, 2016.
3. As per allegation in the FIR, total 65 litres of
country made liquor was recovered from a motorcycle bearing
Registration No. BR-02BE-7277 driven by the petitioner and
arrested at the spot along with seized liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that petitioner
has no connection with the aforesaid liquor. He further submits
petitioner is the owner of the motorcycle. He next submits that
Patna High Court CR. MISC. No.33716 of 2026(2) dt.19-05-2026
2/3
the petitioner has no knowledge about the said recovery. He
lastly submits that no incriminating articles has been recovered
from the conscious possession of the petitioner. Petitioner has
got clean antecedent as stated in the para 3 of the petition and he
is in custody since 22.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Exclusive Special Excise, Court No. 3, Gaya Ji dated
09.04.2026, it appears that petitioner is named in the FIR. From
the perusal of the records it also appears that on the basis of
written report of the informant, FIR has been registered under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act, 2016 against two accused persons including the present
petitioner and the allegation is of total 65 liters of country made
liquor recovered from a motorcycle. Petitioner has got clean
antecedent as stated in para 3 of the petition is in custody since
22.03.2026 and no there is no any independent witness of the
seizure list, so considering all these aspects of the case and
submission of learned counsel for the petitioner, I am inclined
to grant regular bail to the petitioner.
7. Accordingly the prayer for regular bail of the
Patna High Court CR. MISC. No.33716 of 2026(2) dt.19-05-2026
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petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 3
Gaya Ji in connection with Sadar Gaya Ji Excise P.S. Case No.
395 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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