Patna High Court
Shubham Kumar @ ManuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Shubham Kumar and Raushan Kumar, were arrested in connection with the recovery of 108 litres of liquor from a public bridge under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they had no possession of the liquor, were falsely implicated, and that no incriminating material was found on them. The State opposed bail, highlighting the petitioners' criminal antecedents, particularly the 13 prior offences of petitioner No.1, and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The Court examined the nature of the offence, the lack of direct evidence against the petitioners, and the period of custody already served. Considering these factors, the Court decided to grant bail, subject to monetary surety and conditions regarding appearance and non‑tampering with evidence. The bail order was issued with a bond of Rs.15,000 each and two sureties per petitioner.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite their criminal antecedents
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 precludes the grant of bail
Legislation cited
- B.N.S.S. — s. 103
Subjects
- bail
- prohibition and excise
- liquor seizure
- criminal antecedent
- Section 30
- Bihar law
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4249 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Shubham Kumar @ Manu S/O Late Sita Ram Singh R/O Village- Patailiya,
P.S- Bibhutipur, Distt.- Samastipur.
2. Raushan Kumar @ Roshan Kumar S/O Naresh Mahto R/O Village-
Patailiya, P.S- Bibhutipur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in Bibhutipur P.S. case No.
268 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 108 liters
liquor was recovered from bridge.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. It is
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further submitted that recovery has been made from an open
place accessible to public at large. The petitioners are in
custody since 12.11.2025. The petitioner No. 1 has got 13
antecedent whereas petitioner No. 2 has got one criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. The
petitioner No. 1 has got 13 criminal antecedent, hence, he may
not be released on bail.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail after
framing of charge, if not already framed, on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bibhutipur P.S. case
No. 268 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
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date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(III) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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