Patna High Court
Shivam Kumar @ Shivam Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Shivam Kumar Yadav was arrested on 14 January 2026 in connection with an excise case involving the seizure of 839.4 litres of foreign liquor from a Hyundai Creta. He was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner argued that he has a clean antecedent, was neither the owner nor the driver of the vehicle, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean record and lack of ownership, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s alleged lack of ownership or control over the vehicle affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- liquor seizure
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal procedure
- ownership of vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16781 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Shivam Kumar @ Shivam Kumar Yadav S/o Jitendra Yadav R/o Village-
Mairwa, Ward no-13, P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Raghav Prasad, learned counsel for the
petitioner and Mr. Damodar Prasad Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Siwan (Excise) P.S. Case No. 31
of 2026, F.I.R. dated 12.01.2023 for the offences punishable
under Sections 30(a) and 47 of the Bihar Prohibition and Excise
Act.
3. Recovery is of 839.400 liters of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.16781 of 2026(2) dt.17-03-2026
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recovered from the conscious possession of the petitioner rather
the recovery has been made from the Hyundai Creta Car in
question. He further submits that the petitioner is neither the
owner nor the driver of the said vehicle in question. There is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 14.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, he is neither the owner
nor the driver of the vehicle in question and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court-2, Siwan in connection with Siwan
(Excise) P.S. Case No. 31 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.16781 of 2026(2) dt.17-03-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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