Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25811 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- Araria Sangram District- Madhubani ====================================================== Shashi Kumar Son of Late Tirpit Paswan Resident of Village - Belmohan, P.S. - Phulparas, District - Madhubani, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Arariya Sangram P.S. Case No. 13 of 2026 registered for the offence punishable under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a bike altogether, 108 liters of illicit country-made liquor were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is not concerned in any

Patna High Court CR. MISC. No.25811 of 2026(2) dt.18-04-2026 2/2 way with the alleged bike. Nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 21.02.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Arariya Sangram P.S. Case No. 13 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T