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Patna High Court

Shiv Shankar Kumar Yadav @ Shivshankar Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the ground of procedural violations in the search and seizure and parity with co‑accused bail orders.

Summary

The petitioner, Shiv Shankar Kumar Yadav, was arrested in connection with the seizure of 3229.65 litres of foreign liquor from a tanker, alleged to violate Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was neither the driver nor the owner of the tanker, that there was no independent witness or audio‑visual record of the search, and that mandatory procedures for search and seizure were breached. The State opposed bail, relying on the allegations in the FIR. The Court noted the violation of mandatory search‑seizure provisions and observed that similarly situated co‑accused had been granted bail by other benches. Considering the petitioner’s clean record and the procedural lapses, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged violations of Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the mandatory provisions governing search and seizure were complied with
  • Whether the grant of bail to co‑accused persons mandates similar relief for the petitioner

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • search and seizure
  • mandatory procedural compliance
  • co‑accused parity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36390 of 2026
                    Arising Out of PS. Case No.-146 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Shiv Shankar Kumar Yadav @ Shivshankar Kumar Yadav Son of Kushe
                 Yadav @ Kusheshwar Yadav Resident of village - Inarwa, P.S.- Phulparas,
                 District - Madhubani.
                                                                         ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 30(a), 38(1) and 41(1) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                   3. As per the prosecution case, 3229.65 litres of

                   foreign liquor was recovered from a tanker.

                                   4. Learned counsel for the petitioner submits that the

                   petitioner is neither the driver nor the owner of the said tanker.

                   There is no independent witness and nor any audio, video was

                   recorded to the process of search and seizure, as such,

                   mandatory provisions have been violated. There is no recovery

                   from personal or conscious possession of the petitioner.

                   Further, other similarly situated co-accused persons have been
            Patna High Court CR. MISC. No.36390 of 2026(2) dt.10-06-2026
                                                        2/2




                      granted the privilege of bail by Co-ordinate Benches of this

                      Court vide orders dated 20.05.2026, 21.05.2026, 08.06.2026

                      passed in Cr. Misc. No.34922 of 2026, Cr. Misc. No.35171 of

                      2026 and Cr. Misc. No.36056 of 2026 respectively. The

                      petitioner has no criminal antecedent and is in custody since

                      11.04.2026.

                                      5. Learned APP for the State opposed the grant of

                      bail on the basis of allegations made in the First Information

                      Report.

                                     6. Taking into consideration the facts and

                      circumstances and considering the fact that the mandatory

                      provisions of search and seizure have been violated and

                      similarly situated co-accused persons have been granted the

                      privilege of bail, let the above named petitioner, be released on

                      bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Judge, Excise,

                      Jhanjharpur, District-Madhubani/concerned Court below in

                      connection with Phulparas P.S. Case No. 146 of 2026.



                                                (Soni Shrivastava, J)
anand/-
U       T


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