Patna High Court
Shubham Kumar Singh @ Shubham SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the petitioner was not found in possession of the contraband and procedural requirements under Section 103 were not satisfied.
Summary
Shubham Kumar Singh was arrested in Sakri Police Station case No.76 of 2024 for alleged offences under IPC sections 272, 273 and 34 and several provisions of the Bihar Prohibition and Excise Act, after 953.640 litres of liquor were recovered from a motorcycle. The petitioner contended that he had no knowledge of the liquor, the motorcycle did not belong to him, and no incriminating material was found on his person; his name was allegedly supplied by a local chowkidar. He had been in custody since 29‑10‑2025 and possessed four prior criminal antecedents, while the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offences. Considering the lack of direct evidence, the procedural lapse, and the length of custody, the Court granted bail subject to a cash bond of Rs.15,000, two sureties, and conditions of appearance, thereby releasing the petitioner.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences and his prior criminal antecedents.
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail.
- Whether the absence of incriminating material in the petitioner’s possession justifies bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- prohibition law
- excise
- Indian Penal Code
- criminal procedure
- prior antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80 of 2026
Arising Out of PS. Case No.-76 Year-2024 Thana- SAKRI District- Madhubani
======================================================
Shubham Kumar Singh @ Shubham Singh S/o Vipin Singh R/o Village -
Narpatinagar, P.S - Sakri, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Sakri P.S. case No.
76 of 2024 instituted for the offences under Sections 272,
273, 34 of the Indian Penal Code and Sections 30(a), 36,
38(1), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 953.640
liters liquor was recovered from motorcycle.
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.
Patna High Court CR. MISC. No.80 of 2026(2) dt.19-01-2026
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The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the name of the
petitioner has transpired on the basis of disclosure made by
local chowkidar. The motorcycle in question does not
belong to the petitioner. The petitioner is in custody since
29.10.2025 and has got four criminal antecedents. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Sakri P.S.
case No. 76 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
(II) The petitioner shall appear on each and every
Patna High Court CR. MISC. No.80 of 2026(2) dt.19-01-2026
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date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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