Patna High Court
Shobhit Kumar Das @ Shobhit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Shobhit Kumar Das applied for bail in a case where 432 litres of Nepali liquor were seized and he was arrested on the spot under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged possession of illicit liquor, while the petitioner claimed innocence, stating no incriminating material was found in his possession, he has no prior criminal record, and the arrest was motivated by a dispute with police. He also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the length of custody, the Court decided to grant 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 of alleged possession of illicit liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- possession
- procedural compliance
- criminal procedure
- Bihar
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5361 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Shobhit Kumar Das @ Shobhit Kumar Son of Sanjay Das Resident of
Village- Kariaut, P.S.- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Laukahi P.S. Case No. 210 of 2025, instituted for the offences
punishable under Sections 274, 275, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 432
liters of Neplai liquor was recovered from jute sack. Petitioner
was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5361 of 2026(2) dt.31-01-2026
2/2
no concern with the alleged recovery of liquor. The petitioner
has some dispute with the Police personnel, so he has been
implicated in this case. At the time of seizure, no independent
witnesses were present. The petitioner is in custody since
23.10.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Laukahi P.S. Case
No. 210 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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