Patna High Court

Shubhash Ram @ Shubhash KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner, subject to the stipulated bond and surety conditions.

Summary

The petitioner, Shubhash Ram, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 700 ml of country‑made liquor in his fodder store. He claimed innocence, stating he was neither involved in the sale nor consumption of the liquor and had a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, held that the petitioner was not involved in sale or consumption and therefore was eligible for pre‑arrest bail. Accordingly, the Court directed his release on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and directed the district court to verify his criminal antecedents.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the alleged possession of illicit liquor implicates the petitioner in sale or consumption
Whether the conditions imposed under Section 482(2) BNSS are applicable

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 438 Cr.P.C.
Section 482 BNSS
illicit liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8171 of 2026
                   Arising Out of PS. Case No.-198 Year-2025 Thana- SIRISIYA District- West Champaran
                 ======================================================
                 Shubhash Ram @ Shubhash Kumar Son of America Ram, Resident of
                 Village- Baripatti Baisahi, P.S.- Sirisiya, District- West Champaran at Bettiah

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binay Kumar, Advocate
                 For the Opposite Party/s :        Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Sirisiya P.S.Case no.198 of 2025, registered for the

                   offences punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                 3. Allegation against the petitioner is that 700 ml.

                   country-made liquor was recovered from the fodder store of the

                   petitioner.

                                 4. The learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he is not

                   involved either in sale or consumption of the liquor. Petitioner

                   has clean antecedent.

                                 5. Learned APP for the State vehemently opposed the
            Patna High Court CR. MISC. No.8171 of 2026(2) dt.17-02-2026
                                                        2/2




                      prayer for grant of pre-arrest bail.

                                   6. Having considered the rival submissions made on

                      behalf of the parties, as well as, considering the fact that the

                      petitioner is not involved either in sale or consumption of the

                      liquor, he is directed to be released on pre-arrest bail, in the

                      event of his arrest or surrender before the district court within a

                      period of four weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Special Judge (Excise) 1 st

                      Bettiah, West Champaran in connection with Sirisiya P.S.Case

                      No.198 of 2025, subject to the conditions as laid down under

                      Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T

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