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Patna High Court

Shubham Kumar @ ManuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to cash bond and surety conditions.

Summary

The petitioner, Shubham Kumar, was arrested in connection with the seizure of 1,103.25 liters of liquor, a pistol, magazines and live cartridges, and charged under several sections of the Bihar Prohibition and Excise Act and the Arms Act. He applied for bail after an earlier anticipatory bail plea was rejected. The petitioner argued that he had no possession of the seized items, that his name arose only from a co‑accused's confession, and that he was not the vehicle owner, while the State highlighted his thirteen prior criminal antecedents and the lack of compliance with Section 103 of the B.N.S.S., 2023. The court examined the material, noting the absence of incriminating evidence directly linking the petitioner to the contraband, and considered the bail principles despite his record. It decided to grant bail subject to a cash bond of Rs.15,000 with two sureties and conditions of appearance, thereby ordering his release.

Issues considered

  • Whether bail should be granted to a petitioner charged with offences under the Bihar Prohibition and Excise Act and the Arms Act despite having thirteen prior criminal antecedents.
  • Whether the confessional statement of a co‑accused provides sufficient basis to deny bail.
  • Whether non‑compliance with Section 103 of the B.N.S.S., 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Arms Act
  • criminal antecedents
  • confessional statement
  • Section 103
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83981 of 2025
                   Arising Out of PS. Case No.-228 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Shubham Kumar @ Manu S/O Late Sita Ram Singh R/O Village- Patailiya,
                 P.S.- Bibhutipur, Distt.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Kumar, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in Bibhutipur P.S. case No.

                   228 of 2025 instituted for the offences under Sections 30(a),

                   32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act

                   and Sections 25(1-B)a, 26 and 35 of the Arms Act. Earlier, the

                   petitioner has filed an application for grant of anticipatory bail

                   which was rejected by order dated 14.11.2025 passed in Cr.

                   Misc. No. 62125 of 2025 by a Coordinate Bench of this Court.

                               3. The prosecution case, in short, is that 1103.25 liters

                   liquor was recovered from truck, one country made pistol, four

                   magazines and eight live cartridges have been recovered.

                               4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.83981 of 2025(3) dt.19-01-2026
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          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 no concern with the alleged recovery of liquor. It is

          further submitted that arms have been recovered from the house

          of co-accused. The petitioner is not the owner of the vehicle in

          question. The name of the petitioner has transpired in course of

          investigation on the basis of confessional statement of co-

          accused which has no evidentiary value. The petitioner is             in

          custody since 31.10.2025 and has got thirteen criminal

          antecedent and he is in bail in all the cases as stated in

          paragraph No. 3 of the bail application . 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. The

          petitioner has thirteen criminal antecedents, hence, he does not

          deserve bail.

                       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 after framing

          of charge, if not already framed, on furnishing bail bonds of
           Patna High Court CR. MISC. No.83981 of 2025(3) dt.19-01-2026
                                                       3/3




                     Rs.15,000/- (Fifteen thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Bibhutipur P.S. case No.          228 of 2025,

                     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 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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