Patna High Court
Shivam Kumar @ Shivam Kumar Raj @ Shivam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to bond and conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
Shivam Kumar was arrested following a raid that uncovered 260 litres of illicit mahua liquor allegedly being smuggled by train. He was charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner contended that he had no possession of the liquor, was falsely implicated, and that the seizure did not comply with Section 103 of the BNS, also highlighting his clean criminal record and custody since 20‑12‑2025. The State opposed bail, arguing the seriousness of the offence. The Court, considering the lack of evidence of conscious possession, the petitioner’s clean antecedents and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNS.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illicit liquor smuggling under Sections 317(5) BNS and 30(a) Bihar Prohibition & Excise Act
- Whether the seizure complied with the procedural requirements of Section 103 of the Bharatiya Nyaya Sanhita
- Whether the accused’s clean antecedent and lack of conscious possession justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5), 480(3)
Subjects
- bail
- illicit liquor
- prohibition act
- procedural compliance
- clean antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10785 of 2026
Arising Out of PS. Case No.-1331 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Shivam Kumar @ Shivam Kumar Raj @ Shivam Singh Son of Ram Pravesh
Singh @ Ram Pravesh Kumar Resident of Village- Nouranga Pokhar Par,
P.S.- Mufassil, District- Gaya, At present residing at residence of villlage-
Bindichak, PS -Kawakol, Dist-Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Mufassil P.S. Case No. 1331 of 2025 registered
for the alleged offences under Sections 317(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
& Excise Act, 2016.
03. As per prosecution case, four persons were
apprehended when a raid was conducted on a tip off about
miscreants bringing illicit liquor by train. The petitioner is one
of the apprehended persons. From the sacks kept at the spot,
recovery of 260 liters of country made mahua liquor was made.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10785 of 2026(2) dt.17-02-2026
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petitioner is innocent and has been falsely implicated in this
case as is apparent from the FIR. From the FIR, it is also
apparent that that the illicit liquors belong to co-accused, Manoj
Kumr @ Kuku. The petitioner has no concern with the seized
liquor. There is non-compliance of Section 103 of BNS and no
independent witness has joined during the alleged search and
seizure. The petitioner has got no criminal history and is in
custody since 20.12.2025.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and no recovery being shown from the
conscious possession of the petitioner and further considering
the period of custody of the petitioner and his clean antecedent,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. 1, Gayajee/court concerned
in connection with Mufassil P.S. Case No. 1331 of 2025, subject
to the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
Patna High Court CR. MISC. No.10785 of 2026(2) dt.17-02-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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