Patna High CourtCR. MISC./5311/2026bail granted

Shyam Kishor v. The State Of Bihar

2026-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5311 of 2026 Arising Out of PS. Case No.-767 Year-2025 Thana- Excise P.S. District- Jehanabad ====================================================== Shyam Kishor S/o Late Sunil Kumar @ Sunil Sharma Resident of Village - Murhara, P.S - Shakurabad, District - Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jehanabad Excise P.S. Case No. 767/2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 105 litres of liquor has been recovered from seven plastic gallon.

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 rather the recovery has been made from an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.5311 of 2026(2) dt.29-01-2026 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.12.2025 and has no 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 Jehanabad Excise P.S. Case No. 767/2025.

(Rudra Prakash Mishra, J) atul/- U T