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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

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
                 ======================================================
           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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