Patna High Court
Shambhu Sah @ Shambhu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Shambhu Sah, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 39 litres of liquor recovered from a motorcycle. The petitioner contended that the liquor was not in his conscious possession and that the seizure list lacked independent witnesses, asserting a clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted the lack of direct possession by the petitioner. Considering the petitioner’s clean record, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not found in the petitioner’s possession
- Whether the petitioner’s clean antecedent warrants bail despite the FIR under the IPC and Bihar Prohibition and Excise Act
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Indian Penal Code
- clean antecedent
- seizure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43554 of 2026
Arising Out of PS. Case No.-297 Year-2023 Thana- SUGAULI District- East Champaran
======================================================
Shambhu Sah @ Shambhu Mahto, Son of Kishu Mahto @ Kishun Mahato,
Resident of Village- Harsidhi, P.S.- Harsidhi, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sugauli P.S. Case
No.297 of 2023 registered under Sections 272, 273/34 of
the Indian Penal Code and Sections 30(a), 32 and 41(1) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 39 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery was made from a
Patna High Court CR. MISC. No.43554 of 2026(2) dt.03-07-2026
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Bike bearing Registration No. BR05X-4607. It is further
submitted that nothing has been recovered from the
conscious possession of the petitioner. It is further submitted
that seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also pointed out that the name of the petitioner surfaced
solely on the disclosure made by a local Chaukidar. The
petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to 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 Special Judge Excise Court No.-I, East Champaran,
Patna High Court CR. MISC. No.43554 of 2026(2) dt.03-07-2026
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Motihari in connection with Sugauli P.S. Case No.297 of
2023, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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