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Patna High Court

Shambhu Prasad @ Shambhu Prasad KushwahaversusThe state of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail, holding that the prima facie evidence and the petitioner’s antecedents preclude granting bail.

Summary

The petitioner, Shambhu Prasad Kushwaha, applied for regular bail in a case registered under Section 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, alleging involvement in the illegal trade and possession of 52 litres of spirit. The allegations are based on a self‑inculpatory statement of a co‑accused and the petitioner has been in custody since 16 May 2026 with seven prior criminal convictions. The court examined the seriousness of the offence, the quantity of spirit recovered, and the petitioner’s criminal antecedents, finding prima facie material indicating his participation in the crime. Considering these factors, the court was not inclined to grant regular bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to the bail application and do not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 111(1) of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act in view of the seriousness of the offence and the petitioner’s criminal antecedents?

Legislation cited

Subjects

  • regular bail
  • illegal liquor
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44565 of 2026
                  Arising Out of PS. Case No.-230 Year-2026 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Shambhu Prasad @ Shambhu Prasad Kushwaha S/O Asharfi Prasad @
                 Ashrafi Prasad R/O village - Godhwa, P.S- Motihari Muffasil, Dist- East
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The state of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                                                 Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Motihari Muffasil P.S. Case No. 230 of 2026 registered for the

                   offence under Sections 111(1) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. There is recovery of 52 liters of spirit. The

                   petitioner is alleged to have been involved in organizing the

                   illegal trade of spirit and in possessing the same. The name of

                   the petitioner has surfaced in the case on the basis of the self-

                   inculpatory statement of the co-accused.
            Patna High Court CR. MISC. No.44565 of 2026(2) dt.08-07-2026
                                                        2/2




                                   4. The petitioner is in custody since 16.05.2026 and

                      has seven criminal antecedents. The allegations against the

                      petitioner are serious and grave in nature. There exists prima

                      facie material against the petitioner indicating his involvement

                      in the commission of the offence.

                                   5. Considering the recovery of spirit, the nature of

                      allegations levelled against the petitioner and his criminal

                      antecedents, this Court is not inclined to enlarge the petitioner

                      on regular bail.

                                   6. Accordingly, this application for regular bail stands

                      dismissed.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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