Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34859 of 2026 Arising out of PS. Case No.-334 Year-2025 Thana- CHAKAND District- Gaya ====================================================== 1.

Shailesh Kumar S/o Ram Pravesh Yadav R/o Village - Tineri, Badhi Bigha, P.S - Chakand, District - Gaya 2.

Bablu Yadav @ Vivek Kumar Ratrey S/o Ram Pravesh Yadav R/o Village - Tineri, Badhi Bigha, P.S - Chakand, District - Gaya... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Vardhan, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 20-05-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seeks bail in Chakand P.S. Case No. 334 of 2025 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is that 50 litres of country made Mahua liquor which was kept in a plastic jar was recovered from the forest area and the petitioners are said to be the manufacturer of the said liquor.

4. Learned counsel for the petitioners submits that nothing incriminating article was recovered from the conscious possession of the petitioners and the alleged recovery has been made from the open public accessible area. He further submits that the petitioners are in custody since 17.03.2026.

Patna High Court CR. MISC. No.34859 of 2026(2) dt.20-05-2026 2/2

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering that the alleged recovery was not recovered from the conscious possession of the petitioners and the petitioners are in custody since 17.03.2026, this Court is inclined to grant bail to the petitioner.

7. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Learned Exclusive Special Judge, Excise Court No. 4, Gaya in connection with Chakand P.S. Case No. 334 of 2025.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

Vikash/- (Ansul, J) U T