Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
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
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