Patna High Court
Shankar Das @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Narcotic Substances (BNSS) Act — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 76(2)
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
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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
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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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