Patna High CourtCR. MISC./44565/2026dismissed

Shambhu Prasad @ Shambhu Prasad Kushwaha v. The State Of Bihar

2026-07-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44565 of 2026 Arising Out of PS. Case No.-230 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Shambhu Prasad @ Shambhu Prasad Kushwaha S/O Asharfi Prasad @ Ashrafi Prasad R/O village - Godhwa, P.S- Motihari Muffasil, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-07-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Motihari Muffasil P.S. Case No. 230 of 2026 registered for the offence under Sections 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. There is recovery of 52 liters of spirit. The petitioner is alleged to have been involved in organizing the illegal trade of spirit and in possessing the same. The name of the petitioner has surfaced in the case on the basis of the selfinculpatory statement of the co-accused.

Patna High Court CR. MISC. No.44565 of 2026(2) dt.08-07-2026 2/2

4. The petitioner is in custody since 16.05.2026 and has seven criminal antecedents. The allegations against the petitioner are serious and grave in nature. There exists prima facie material against the petitioner indicating his involvement in the commission of the offence.

5. Considering the recovery of spirit, the nature of allegations levelled against the petitioner and his criminal antecedents, this Court is not inclined to enlarge the petitioner on regular bail.

6. Accordingly, this application for regular bail stands dismissed.

7. 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.

(Sandeep Kumar, J) Shishir/- U T