Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28586 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- Excise P.S. District- Saran ====================================================== 1.

Shubham Kumar Son of Late Amar Rai Resident of Village - Bara Telpa Mathiya Ward No. 43, P.S.- Chapra Town, District - Saran. 2.

Ritik Kumar Son of Rajesh Ray Resident of Village - Bara Telpa Mathiya Ward No. 43, P.S.- Chapra Town, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate Mr. Vivek Kumar Pandey, Advocate Ms. Neha Kumari, Advocate Ms. Archana Kumari, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-05-2026

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case no.49 of 2026 registered under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 60 litres of liquor is said to have been recovered from the motorcycle being ridden by these two petitioners.

4. Learned counsel for the petitioners submits that no incriminating article has been recovered from their possession or from their motorcycle. They have been falsely implicated in

Patna High Court CR. MISC. No.28586 of 2026(2) dt.06-05-2026 2/2 the case. They have no criminal antecedent and are in custody since 22.2.2026.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the petitioners being in custody since 22.2.2026 and especially the petitioners not having any criminal antecedent, both the petitioners are directed to be enlarged on bail in connection with Sadar Excise P.S. Case no.49 of 2026 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra on the following condition :

(I) In case it transpires that the petitioners have antecedent under the Bihar Prohibition and Excise Act, 2016, the prosecution will be at liberty to move this Court for cancellation of bail granted to the petitioners. (Partha Sarthy, J) Shiv/- U T