Patna High Court
SHIVA KUMAR SAH @ SIFA KUMAR SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to conditions, as the recovery was not from his conscious possession and he was not the vehicle owner.
Summary
Shiva Kumar Sah, a driver, was arrested on 1 March 2026 after 315.3 litres of illicit Nepali liquor were seized from a tempo he was driving. He was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he had no knowledge of the liquor, was not the vehicle's owner, and that nothing was found in his conscious possession, claiming the FIR was fabricated. The prosecution opposed bail, citing a prior criminal antecedent. The High Court, noting the lack of possession and ownership, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether the driver of a vehicle from which illicit liquor is seized can be granted bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite a prior criminal antecedent.
- Whether lack of conscious possession and ownership of the vehicle justifies bail.
Subjects
- bail
- illicit liquor
- driver liability
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20496 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- TERHAGACHH District- Kishanganj
======================================================
Shiva Kumar Sah @ Sifa Kumar Sah S/o- Late Dilip @ Dilip Prasad Sah
Resident of Village- Matiyari Ward No.07 Police Station- Tedhagaach
District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel for the petitioner and Mr. Syed Mojibur Rahman,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.03.2026 in connection with Case No. Special - 74 of 2026
arising out of Tedhagaach (Tedhagachh) P.S. Case No. 73 of
2026, F.I.R. dated 28.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Recovery is of 315.3 liters of Nepali country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.20496 of 2026(3) dt.30-03-2026
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fabricated and the petitioner has not committed any offence as
alleged in the FIR. He further submits that it appears from the
FIR as well as seizure list that nothing has been recovered from
the conscious possession of the petitioner rather the recovery of
315.3 liters of illicit liquor has been made from the tempo in
question. He further submits that the petitioner is not the owner
of the said vehicle in question rather he is the driver and he has
no knowledge about the illicit liquor and he has been made
accused merely on the ground that he is driver of the vehicle in
question. The petitioner is in custody since 01.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner rather the recovery has been made from the
tempo in question and the petitioner is not the owner of the said
tempo in question, 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 Judge (Excise-I) Kishanganj
Patna High Court CR. MISC. No.20496 of 2026(3) dt.30-03-2026
3/3
(Bihar) in connection with Case No. Special - 74 of 2026 arising
out of Tedhagaach (Tedhagachh) P.S. Case No. 73 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
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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