Patna High Court
Shankar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Shankar Sah, was arrested in connection with a case alleging that 180 litres of liquor were recovered from two motorcycles, one of which he owned. He claimed he had no knowledge of the liquor and that no incriminating article was found in his possession. The prosecution opposed bail, while the petitioner’s counsel argued false implication and highlighted the lack of possession. The court noted the petitioner’s two prior criminal antecedents and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but considered the circumstances and period of custody. Consequently, the court granted bail, ordering a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of ownership of the vehicle, lack of possession, prior criminal antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- possession
- criminal antecedents
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4091 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
Shankar Sah Son of Ramji Sah Resident Of Village -Sahargama Dhami Tola,
Ps- Parihar, Dist -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard Mr. Sanjay Kumar, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Parihar
P.S. Case No. 262 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 180 litres
of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
as being the owner of one of the motorcycles in question and he
Patna High Court CR. MISC. No.4091 of 2026(2) dt.27-01-2026
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had no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 23.11.2025 and has two
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Parihar P.S. Case
No. 262 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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