Shamsher Bahadur vs State of Bihar - 2025 Supreme(Pat) 1429

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 1429

ARUN KUMAR JHA
Shamsher Bahadur – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: M/s Hrishikesh, Chandramauli Kumar.
For the Respondents: M/s Sita Ram Yadav, GP-16, Rakesh Kumar Shrivastava, AC to GP-16.

Arun Kumar Jha, J.—The present criminal writ has been filed on behalf of the petitioner seeking the following reliefs:—

i. For issuance of a declaration to the effect that the Petitioner could not be held guilty in Singheshwar P.S. Case No. 69/21, dated 25.03.2021 registered u/s 37(b) and (c) of Bihar Prohibition and Excise Act, 2016 and corresponding Excise Case No. 257/2021 in view of the fact that the police could not produce any cogent material to prove the allegations against the Petitioner and that the Petitioner having been counselled by his advocate, despite pleading his innocence, deposited the fine of Rs. 2,000/- only to end up the pending trial.

ii. For a further declaration that no social stigma of consuming alcohol could be attached to the petitioner for any practical purposes simply because he deposited the fine of Rs. 2,000/- in the said case.

iii. For any other relief for which the Petitioner may be considered fit in the facts and circumstances of this case.

2. Brief facts of the case, leading to filing of the present writ, are that the petitioner along with co-accused Pawan Kumar Singh were apprehended on 25.03.2021 by the police in an inebriated condition after a tip