Shankar Kumar @ Shankar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shankar Kumar @ Shankar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail: release of the petitioner on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepur P.S. Case No. 241 of 2025.

Issue for consideration

Whether petitioner Shankar Kumar @ Shankar Yadav, implicated in Madhepur P.S. Case No. 241 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act after recovery of 612 litres of liquor, should be released on bail. +2 more

Court's answer

Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Madhepur P.S. Case No. 241 of 2025.

Detailed headnote1 paragraphs

Bail granted - Bihar Prohibition and Excise Act, S. 30(a): Patna High Court (Rudra Prakash Mishra, J., 24-02-2026), CRIMINAL MISCELLANEOUS No.12792 of 2026, released petitioner Shankar Kumar @ Shankar Yadav on bail in Madhepur P.S. Case No. 241 of 2025, wherein 612 litres of liquor was alleged to have been recovered from a plastic sac kept under a 'puwal'. Petitioner in custody since 05.01.2026 with two criminal antecedents; his counsel urged false implication, recovery from an open place accessible to the public at large rather than from conscious possession, and absence of compliance with S. 103, Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the facts, circumstances and period of custody, the Court ordered release on bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court. No precedent was cited or discussed; the State (APP) opposed the bail prayer without recorded particulars.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12792 of 2026

Arising Out of PS. Case No.-241 Year-2025 Thana- MADHEPUR District- Madhubani

======================================================

Shankar Kumar @ Shankar Yadav S/o Dilip Kumar @ Dilip Yadav R/o vill - Sundar, Virajit, P.S.- Madhepur, Distt.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Archna Aanand, Advocate Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 24-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 241 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 612 litres of liquor has been recovered from plastic sac under puwal .

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.12792 of 2026(2) dt.24-02-2026 2/2

petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 05.01.2026 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed

the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepur P.S. Case No. 241 of 2025.

(Rudra Prakash Mishra, J)

Alok Verma/-

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