Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48768 of 2026 Arising Out of PS. Case No.-355 Year-2026 Thana- ARA NAGAR District- Bhojpur ====================================================== Shubham Kumar S/O Shiv Kumar Singh Resident of Village- Shivganj, Police Station- Ara Town, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 22-07-2026 Heard Mr. Akash Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with Ara Town P.S. Case No. 355 of 2026, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is a recovery of 70 litres of illicit country made liquor from the motorcycle. Admittedly, the petitioner is not the owner of the seized motorcycle rather he is rider.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motive and high handedness of

Patna High Court CR. MISC. No.48768 of 2026(2) dt.22-07-2026 2/3 police party. It has further been submitted that petitioner has not committed any offence as alleged in the FIR and no incriminating article has been recovered from the conscious possession of the petitioner neither the alleged seized liquor belong to the petitioner nor he is engaged in trading of illegal liquor. There is complete violation of section 103 of BNSS and also section 105 of BNSS. Petitioner has clean antecedent and he is in custody since 26.05.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court 1st, Bhojpur, Ara/concerned court in connection with Ara Town P.S. Case No. 355 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be

Patna High Court CR. MISC. No.48768 of 2026(2) dt.22-07-2026 3/3 physically present by the court, he should physically appear in the Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) Ranjeet/- U T