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Patna High Court

Hari Shankar @ HaddiaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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