Shambhu Kumar Ram @ Shambhu Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shambhu Kumar Ram @ Shambhu Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in Ghoghardiha P.S. Case No. 190 of 2025, subject to: (i) cooperation in trial and presence on each fixed date, with bond cancellation on absence for two consecutive dates without sufficient reason; (ii) no tampering with evidence or witnesses, failing which prosecution may move for cancellation; (iii) court below to verify criminal antecedents and cancel bond if concealment found, without delaying acceptance of bail bonds for verification.

Issue for consideration

Whether the petitioner, in custody since 14.12.2025 in connection with Ghoghardiha P.S. Case No. 190 of 2025 (recovery of 909 liters of Nepali Desi Mamashree liquor; offences under Sections 24, 275, 3(5) of BNS 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018), should be enlarged on bail, counsel asserting clean antecedents and non-compliance of Sections 103 and 105 of BNSS.

Court's answer

Bail granted after considering the facts and circumstances, the petitioner's clean antecedent, and the non-compliance of Section 103 and Section 105 of BNSS.

Ratio / Principle

Petitioner ordered released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani, in connection with Ghoghardiha P.S. Case No. 190 of 2025.

Key takeaways

Bail conditioned on cooperation in trial and presence on dates fixed; on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the court below.ratio¶18
If the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶20
If at any stage the petitioner is found to have concealed his criminal antecedent, the court below shall take steps for cancellation of his bail bond; acceptance of bail bonds in terms of the order is not to be delayed for purposes of antecedent verification.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna (Rajesh Kumar Verma, J), order dated 07-04-2026 in Criminal Miscellaneous No.22635 of 2026 arising out of Ghoghardiha P.S. Case No. 190 of 2025 (District Madhubani): petitioner Shambhu Kumar Ram @ Shambhu Ram, in custody since 14.12.2025 in a case involving recovery of 909 liters of Nepali Desi Mamashree liquor and offences punishable under Sections 24, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018, directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani, the Court acting on his clean antecedent and the position that there was non-compliance of Section 103 and 105 of BNSS; bail subject to conditions of trial attendance, non-tampering with evidence/witnesses and verification of antecedents, with the bond cancellable for breach.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22635 of 2026

Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani

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

Shambhu Kumar Ram @ Shambhu Ram S/O Ram Chandra Kumar Ram @ Ram Chandra Ram Resident of Village- Gidaha, Police Station- Ghoghardiha, District- Madhubani.

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Soban Asghar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 07-04-2026

Heard Md Soban Asghar, learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned Additional Public Prosecutor for the State.

Petitioner seeks bail who is in custody since 14.12.2025 in connection with Ghoghardiha P.S. Case No. 190 of 2025, F.I.R. dated 14.12.2025 for the offences punishable under Section 24, 275, 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 909 liters of Nepali Desi Mamashree

liquor.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.22635 of 2026(2) dt.07-04-2026 2/3

from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from a bush which is an open place and the petitioner has been made accused merely on the basis of suspicion. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 14.12.2025.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is non-compliance of Section 103 and 105 of BNSS, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 190 of 2025, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.22635 of 2026(2) dt.07-04-2026 3/3

ii. 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.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

Suruchi/-

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