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Patna High Court

Shambhu DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner despite the charges and prior record.

Summary

The petitioner, Shambhu Das, was arrested in connection with a special case under the Bihar Prohibition and Excise Act for allegedly possessing 94 litres of liquor recovered from two motorcycles. He claimed he was falsely implicated, asserting that no incriminating article was found in his conscious possession and that he had no link to the vehicles involved. The prosecution opposed bail, relying on the alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act and noting the petitioner’s prior criminal antecedent. The petitioner’s counsel also highlighted the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, as a procedural defect. After considering the facts, the period of custody, and the lack of direct evidence against the petitioner, the Court decided to grant bail. Bail was conditioned on a cash bond of Rs. 15,000 and two sureties of the same amount each.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the alleged offences and his criminal antecedent
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Subjects

  • bail
  • excise law
  • liquor possession
  • false implication
  • criminal antecedent
  • Section 103
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87495 of 2025
                     Arising Out of PS. Case No.-840 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Shambhu Das S/o Ram Vilash Das R/o Village - Salki Tengarmari, P.S -
                 Kishanganj, District - Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajeev Ranjan
                 For the Opposite Party/s :         Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Special

                   Case No. 857 of 2025 arising out of Madya Nisedh P.S. Case

                   No. 840 of 2025 instituted for the offences punishable under

                   Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 94 litres

                   of liquor was recovered from two motorcycles.

                                4. Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicles in
           Patna High Court CR. MISC. No.87495 of 2025(2) dt.13-01-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 26.10.2025 and has one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Special Case No.

                     857 of 2025 arising out of Madya Nisedh P.S. Case No. 840 of

                     2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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