Patna High Court
Shiva KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond and sureties.
Summary
Shiva Kumar, the driver of a vehicle from which 540 litres of illicit liquor was seized, applied for bail in a case registered under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He claimed he was unaware of the liquor, that nothing was recovered from his possession, and that the seizure did not comply with Section 105 of the BNSS. The State opposed bail, citing a prior similar offence. The court considered the lack of direct possession, procedural lapses in seizure, and the petitioner’s long judicial custody since November 2025. Weighing these factors, the court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Exclusive Special Excise Court.
Issues considered
- Whether bail can be granted to the driver under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the seizure complied with Section 105 of the BNSS, affecting bail considerations.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Subjects
- bail
- illicit liquor
- excise law
- Section 105 compliance
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15101 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Bhittha District- Sitamarhi
======================================================
Shiva Kumar S/o Ramudar Ray R/o vill - Temua, ward no 8, P.S.- Pupri,
Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhittha P.S. Case No.89 of 2025 registered for the offence
punishable under Section 317(5) of the BNS and under Section
30(a) of the Bihar Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that from a
vehicle altogether 540 liter of illicit liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is the driver of the said
vehicle. It has further been submitted that the petitioner was
unaware of the alleged liquor. Learned counsel for the petitioner
has submitted that nothing has been recovered from the
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.15101 of 2026(3) dt.01-05-2026
2/2
has submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioner
has submitted that the petitioner is in judicial custody since
21.11.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of one case of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Court-2, Sitamarhi, in connection with
Bhittha P.S. Case No.89 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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