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Patna High Court

Shivam Kumar @ Shivam Kumar Raj @ Shivam SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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