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Patna High Court

Shankar Das @ Shankar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is not subject to Section 76(2) and granted pre‑arrest bail subject to conditions.

Summary

Shankar Das applied for pre‑arrest bail after the police, during a vehicle check, seized two motorcycles and recovered 16.5 litres of illicit liquor, and an accomplice identified him as a participant in the smuggling under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no ownership of the motorcycles or the liquor, that there was no material linking him to the crime beyond the accomplice’s statement, and that the statutory conditions of Sections 103 and 105 of the BNSS were not satisfied. The State argued that the accomplice’s identification was sufficient to deny bail. The court examined the lack of any evidence of possession or control by the petitioner and noted that the stringent provisions of Section 76(2) of the Prohibition Act did not apply. Consequently, the court ordered that the petitioner be released on bail if arrested, subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is liable to the rigors of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in the absence of possession.
  • Whether the testimony of an accomplice alone suffices to deny pre‑arrest bail.
  • Whether the requirements of Sections 103 and 105 of the BNSS are satisfied.

Legislation cited

Subjects

  • pre‑arrest bail
  • liquor smuggling
  • possession
  • Section 76
  • Section 30(a)
  • evidentiary standard
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36276 of 2026
                        Arising Out of PS. Case No.-44 Year-2026 Thana- ANGARH District- Purnia
                 ======================================================
                 Shankar Das @ Shankar Kumar S/o Late Sapan Das @ Sapan Lasakar @
                 Late Sapan Kumar Das Resident of vill- Majhgama, P.S- Angarh, Distt.-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamlesh Kumar Pathak, Adv.
                 For the Opposite Party/s :       Mr. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-06-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Angarh P.S. Case No. 44 of 2026, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. In course of vehicle checking, the police

                   intercepted two motorcycles. However, noticing the police party,

                   two persons succeeded in fleeing away, after leaving their

                   motorcycles; but later on, one of the person was apprehended by

                   the police. The apprehended person disclosed the name of his

                   accomplice and further stated that the liquor was to be delivered
Patna High Court CR. MISC. No.36276 of 2026(2) dt.02-06-2026
                                            2/3




          to the petitioner. In course of search, total 16.500 liters Indian

          made foreign liquor was recovered from the two motorcycles.

                       4. Learned Advocate for the petitioner submitted that

          the petitioner has neither any concern with the motorcycles, in

          question, nor with the recovered illicit liquor. Save and except

          the disclosure made by the apprehended person, there is no

          other material suggesting the complicity of the petitioner in

          crime. The reason behind the false implication of the petitioner

          is said to be one previous case of identical nature, as has been

          disclosed in paragraph no. 3 of the bail application. It is further

          submitted that there is no compliance of Sections 103 and 105

          of the BNSS and since there is no recovery from the conscious

          and constructive possession of the petitioner, the bar provided

          under Section 76 (2) of Bihar Prohibition and Excise

          (Amendment) Act would not be applicable in the case at hand.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          apprehended person has disclosed the name of the petitioner.

                       6. Regard being had to the submissions made on behalf

          of the parties and considering the materials available on record,

          especially the fact that the petitioner has neither any concern with

          the seized motorcycles nor with the illicit wine, coupled with
            Patna High Court CR. MISC. No.36276 of 2026(2) dt.02-06-2026
                                                        3/3




                      the absence of the materials which attracts the rigors provided

                      under Section 76 (2) of Bihar Prohibition and Excise

                      (Amendment) Act, let the petitioner above named be released on

                      bail, in the event of his arrest or surrender before the court

                      below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon 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

                      Judge, Excise (Court No.-01) Purnea in connection with Angarh

                      P.S. Case No. 44 of 2026, subject to the conditions laid down in

                      Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                      with the further condition that one of the bailors shall be the

                      own/close family members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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