Patna High Court
Shailesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Shailesh Kumar and Bablu Yadav, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly manufacturing 50 litres of Mahua liquor recovered from a forest area. They argued that the liquor was not found in their conscious possession and that the recovery was from a publicly accessible area. The State opposed bail, but the court noted the lack of direct possession and the length of custody since 17 March 2026. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to the Special Excise Judge. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 when the alleged contraband was not recovered from their conscious possession.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34859 of 2026
Arising out of PS. Case No.-334 Year-2025 Thana- CHAKAND District- Gaya
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1. Shailesh Kumar S/o Ram Pravesh Yadav R/o Village - Tineri, Badhi Bigha,
P.S - Chakand, District - Gaya
2. Bablu Yadav @ Vivek Kumar Ratrey S/o Ram Pravesh Yadav R/o Village -
Tineri, Badhi Bigha, P.S - Chakand, District - Gaya... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seeks bail in Chakand P.S. Case No.
334 of 2025 registered for the offence under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. The allegation is that 50 litres of country made
Mahua liquor which was kept in a plastic jar was recovered
from the forest area and the petitioners are said to be the
manufacturer of the said liquor.
4. Learned counsel for the petitioners submits that
nothing incriminating article was recovered from the conscious
possession of the petitioners and the alleged recovery has been
made from the open public accessible area. He further submits
that the petitioners are in custody since 17.03.2026.
Patna High Court CR. MISC. No.34859 of 2026(2) dt.20-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering that the alleged recovery was not
recovered from the conscious possession of the petitioners and
the petitioners are in custody since 17.03.2026, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of the Court of
Learned Exclusive Special Judge, Excise Court No. 4,
Gaya in connection with Chakand P.S. Case No. 334 of
2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
Vikash/- (Ansul, J)
U T
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