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Patna High Court

Shambhu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail is granted to the petitioner with a bond of Rs.10,000 and two sureties, subject to the condition of not committing a similar offence.

Summary

Shambhu Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 360 litres of illegal country-made liquor seized from a bike. The petitioner contended that no liquor was recovered from his possession and that the seizure violated Section 105 of the Bihar Non‑Statutory Substances Act. He also disclosed a prior similar criminal antecedent and was already in judicial custody since 19‑04‑2026. The State opposed bail. After hearing both sides, the Court granted bail on the condition that the petitioner not commit a similar offence, requiring a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused despite the nature of the offence under the Bihar Prohibition & Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the Bihar Non‑Statutory Substances Act affects the bail application.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • seizure procedure
  • Section 105
  • prior criminal antecedent
  • Bihar Prohibition & Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35380 of 2026
                        Arising Out of PS. Case No.-143 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Shambhu Kumar S/O Late Krishna Rai @ Krishna Ray R/O Vill.-
                 Fatehjangpur, Sabalpur P.S.- Nadi, Dist.- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   21-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State through video conferencing.

                                   2. The petitioner has prayed for bail in connection

                   with Nadi P.S. Case No. 143 of 2026 registered for the offence

                   punishable under 30(a) of the Bihar Prohibition & Excise Act.

                                   3. The case of the prosecution, in short, is that from

                   a Bike altogether 360 litres of illegal country made liquor was

                   recovered.

                                   4. Learned counsel appearing on behalf of the

                   petitioner has submitted nothing has been recovered from the

                   possession of this petitioner. Learned counsel for the petitioner

                   has further submitted that the witnesses of the seizure list are

                   police personnel and police have not complied Section 105 of

                   the BNSS while making seizure. Learned counsel for the
            Patna High Court CR. MISC. No.35380 of 2026(2) dt.21-05-2026
                                                        2/2




                      petitioner has further submitted that the petitioner is having one

                      criminal antecedent of similar nature and he is in judicial

                      custody since 19.04.2026.

                                      5. The application for bail is opposed by learned

                      APP for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition

                      that the petitioner shall not indulge himself in similar nature

                      of offence in future. The above named petitioner is directed to

                      be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

                      ten thousand only) with two sureties of the like amount each to

                      the satisfaction of the court of learned Special Judge, Excise,

                      Patna City, Patna, in connection with Nadi P.S. Case No.143 of

                      2026.



                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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