Patna High Court
Shambhu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail must be granted as the petitioner was not in conscious possession of the contraband and had no criminal antecedent.
Summary
The petitioner, Shambhu Sah, was arrested in connection with the recovery of 2001.78 litres of wine from a truck, alleged to be a violation of Sections 274 and 275 of the BNS and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on the confessional statement of co‑accused Phool Mohammad, which named the petitioner, although the petitioner claimed he was neither the owner nor the driver of the vehicle. The petitioner had no prior criminal record and had been in custody since 17 March 2026. The court, noting the lack of conscious possession and the petitioner’s clean antecedent, decided to grant bail on a bond of Rs. 10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under the offences alleged in the Bihar Prohibition and Excise Act and BNS.
- Whether the confessional statement of a co‑accused alone is sufficient to justify continued detention.
- Whether the petitioner’s lack of ownership/driver status and clean criminal record warrant bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNS — s. 274, 275
Subjects
- bail
- excise
- prohibition
- confessional statement
- non‑possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34864 of 2026
Arising out of PS. Case No.-47 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Shambhu Sah Son of Karu Sah Resident of Village - Paharpur, P.S.-
Mehrama, District - Godda (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar . ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv.
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Manjhaul P.S. Case No.
47 of 2025 dated 23.05.2025 registered for the offence under
Sections 274 and 275 of the BNS and section 30(a) and 41(1) of
the Bihar Prohibition and Excise Act.
3. The allegation is that 2001.780 litres of wine of
was recovered from a truck and on the basis of confessional
statement of co-accused Phool Mohammad the name of the
petitioner has transpired.
4. Learned counsel for the petitioner submits that the
petitioner was not the owner/driver of the said vehicle. He
further submits that on the basis of confessional statement of the
co-accused the name of the petitioner has transpired. It is also
submitted that the petitioner has no criminal antecedent and is in
custody since 17.03.2026.
Patna High Court CR. MISC. No.34864 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 petitioner.
6. Considering that the alleged recovery was not made
from the conscious possession of the petitioner and the
petitioner is in custody since 17.03.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on 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 Judge 1st Begusarai in connection with
Manjhaul P.S. Case No. 47 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.
(Ansul, J)
Vikash/-
U T
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