Patna High Court
Hari Shankar @ HaddiaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Hari Shankar @ Haddia was arrested for possession of 102 litres of illicit country-made liquor, a country-made pistol, and a stolen motorcycle. He faced charges under Section 317(5) of the Bharatiya Nyaya Sanhita, Sections 25(1-b)a, 26 and 35 of the Arms Act, and Section 30(a) of the Excise and Prohibition Act, 2016. The petitioner, already in custody since 26‑11‑2025, had four prior similar criminal antecedents. The Patna High Court considered the seriousness of the recovered items and the antecedents and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the court noting that its observations were limited to this bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and his prior criminal antecedents
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 317(5)
Subjects
- bail
- illegal liquor
- illegal arms
- stolen vehicle
- criminal antecedents
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6588 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Hari Shankar @ Haddia Son of Swarath Rai R/O Village Naya Tola,
Raghopur, P.S.- Bakhtiyarpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the State : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Athmalgola P.S. Case No. 431 of 2025 registered for the offence
punishable under Sections 317(5) of the Bharatiya Nyaya
Sanhita; Section 25(1-b)a, 26 and 35 of the Arms Act and
Section 30(a) of the Excise and Prohibition Act, 2016.
3. The allegation against the petitioner is that 102
litres of illicit country made liquor, a katta (country made pistol)
and a stolen motorcycle without registration number were
recovered from the possession of the petitioner.
4. The petitioner is in custody since 26.11.2025
having four criminal antecedents of similar nature.
5. Considering the recovery made from the petitioner
Patna High Court CR. MISC. No.6588 of 2026(3) dt.31-03-2026
2/2
and the criminal antecedents of similar nature, I am not
inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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