Patna High CourtCR. MISC./35380/2026allowed

Shambhu Kumar v. The State Of Bihar

2026-05-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35380 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- NADI P.S. District- Patna ====================================================== Shambhu Kumar S/O Late Krishna Rai @ Krishna Ray R/O Vill.- Fatehjangpur, Sabalpur P.S.- Nadi, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

2. The petitioner has prayed for bail in connection with Nadi P.S. Case No. 143 of 2026 registered for the offence punishable under 30(a) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution, in short, is that from a Bike altogether 360 litres of illegal country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the

Patna High Court CR. MISC. No.35380 of 2026(2) dt.21-05-2026 2/2 petitioner has further submitted that the petitioner is having one criminal antecedent of similar nature and he is in judicial custody since 19.04.2026.

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

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 with the condition that the petitioner shall not indulge himself in similar nature of offence in future. 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 court of learned Special Judge, Excise, Patna City, Patna, in connection with Nadi P.S. Case No.143 of 2026.

(Ashok Kumar Pandey, J) khushbu/- U T