Patna High Court
Shyam KishorversusThe 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, Shyam Kishor, was arrested in connection with an excise case (Case No. 767/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 105 litres of liquor were recovered from a public place. He contended that he was falsely implicated, no liquor was found in his possession, he has no prior criminal record, and the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean antecedent, and the period of custody already endured, the Court decided to grant bail. The Court ordered his release on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5311 of 2026
Arising Out of PS. Case No.-767 Year-2025 Thana- Excise P.S. District- Jehanabad
======================================================
Shyam Kishor S/o Late Sunil Kumar @ Sunil Sharma Resident of Village -
Murhara, P.S - Shakurabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jehanabad Excise P.S. Case No. 767/2025 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 105 litres
of liquor has been recovered from seven plastic gallon.
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 rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.5311 of 2026(2) dt.29-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 03.12.2025 and has no
criminal antecedent. 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 Jehanabad Excise
P.S. Case No. 767/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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