Patna High Court
Shiv Shankar Kumar Yadav @ Shivshankar Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 38(1), 41(1)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.