Created by Fuzzy Cloud

Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail.

Summary

The petitioner, Shivam Kumar, a driver, sought bail in an excise case where 1335.6 liters of illicit foreign liquor were seized from his truck. The prosecution alleged violation of Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise (Amendment) Act, while the defence argued that the seizure did not comply with Section 105 of the BNSS and that the driver had no criminal antecedent and was already in judicial custody. The petitioner contended that nothing was recovered from his personal possession. After hearing both sides, the court considered the lack of personal possession, the procedural lapse in seizure, and the petitioner’s clean record. The court decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The bail order was directed to be executed by the Exclusive Special Excise Court, Nawada.

Issues considered

  • Whether the driver of the truck is entitled to bail despite the seizure of illicit liquor under the Bihar Prohibition and Excise (Amendment) Act
  • Whether the seizure complied with Section 105 of the BNSS
  • Whether the petitioner’s lack of criminal antecedent and existing judicial custody justify granting bail

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • driver liability
  • Section 105
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19781 of 2026
                      Arising Out of PS. Case No.-1059 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Shivam Kumar S/o- Ajay Singh R/o Vill- Amba PS- Rahui Dist-Nalanda
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No.1059 of 2025 registered for the

                   offence punishable under Sections 30(a), 41 & 47 of the Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short, is that from a

                   truck altogether 1335.600 liters of illicit foreign liquor was

                   recovered from a truck.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. Learned counsel for the

                   petitioner has further submitted that the petitioner is only the

                   driver of the said truck. It has further been submitted that the

                   witnesses of the seizure list are police personnel and police have
            Patna High Court CR. MISC. No.19781 of 2026(2) dt.25-03-2026
                                                        2/2




                      not complied Section 105 of the BNSS while making seizure.

                      Learned counsel for the petitioner has further submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 17.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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- 2nd Nawada or the concerned court,

                      Nawada in connection with Excise P.S. Case No.1059 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.