Patna High Court
Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Non‑Statutory Substances Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
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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