Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Shivam Kumar was arrested in connection with a case alleging that 179.25 litres of foreign liquor were recovered from two vehicles. He was charged under Sections 30(a), 32, 41(i)(ii) of the Bihar Prohibition and Excise Act and Sections 292 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was neither the owner nor the driver of the vehicles, that no incriminating material was found in his possession, and that he had been falsely implicated, despite having one prior criminal antecedent and no compliance with Section 103 of the BNSS. The State opposed bail. Considering the facts, the court found no sufficient ground to deny bail and ordered his release on a bail bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
- Whether the lack of compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 292, 61(2)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10076 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- FCI District- Begusarai
======================================================
Shivam Kumar son of chunchun singh Resident Of Village- Ratanpur, Ward
No 21, PS- Ratanpur, District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with FCI PS
Case No. 06 of 2026 instituted for the offences under Section/s
30(a), 32, 41(i)(ii) of the Bihar Prohibition and Excise Act and
Sections 292 & 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 179.25 liters
foreign liquor was recovered from two cars.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.10076 of 2026(3) dt.10-03-2026
2/2
that petitioner is neither the owner nor the driver of the vehicle
in question. The petitioner is in custody since 10.01.2026 and
has got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with FCI PS Case No. 06
of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…