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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, finding that the prosecution had not complied with Section 103 of the BNSS and that the petitioners' clean antecedent warranted release on bail.

Summary

Shivam Kumar and Ranjit Kumar, a driver and conductor respectively, were arrested on 13 February 2026 in connection with the seizure of 963 litres of illegal foreign liquor. They were charged under Sections 113(3) and 111(4) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioners argued that they have no prior criminal record, were not in conscious possession of the liquor, and that the prosecution had failed to comply with Section 103 of the BNSS. The State opposed bail. The High Court, noting the clean antecedent and the procedural lapse, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents. The order directed that bail bonds be accepted without delay for verification purposes.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged under the BNSS and the Bihar Prohibition and Excise Act.
  • Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nyay Sanhita.
  • Whether the absence of conscious possession and the petitioners' clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • illegal foreign liquor
  • excise law
  • criminal procedure
  • Section 103
  • clean antecedent
  • driver
  • conductor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 20985 of 2026
                    Arising Out of PS. Case No.-47 Year-2026 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
           1.     Shivam Kumar S/O Maheshi Yadav R/O Village- Kachauri, P.S- Sherghati,
                  Distt.- Gayaji.
           2.    Ranjit Kumar S/O Kuldip Yadav R/O Village- Baheri, P.S- Sherghati, Distt-
                 Gayaji.

                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :    Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                        Heard Mr. Sunil Kumar, learned counsel for the

                   petitioners and Mr. Pronoti Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   13.02.2026 in connection with Magadh Medical P.S. Case No.

                   47 of 2026, F.I.R. dated 12.02.2026 for the offences punishable

                   under Section 113(3), 111(4) of Bharatiya Nyay Sanhita, 2023

                   and 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 963 liters of illegal foreign liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No. 20985 of 2026(2) dt.30-03-2026
                                            2/3




          from the F.I.R. as well as seizure list that nothing has been

          recovered from the conscious possession of the petitioners

          rather the recovery has been made from vehicle in question and

          petitioner no.1 was driver and petitioner no.2 was conductor of

          the vehicle in question. He further submits that there is non-

          compliance of Section 103 of BNSS and the petitioners are in

          custody since 13.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                      6. Considering the aforesaid facts and circumstances,

          the petitioner have clean antecedent and there is non-compliance

          of Section 103 of BNSS, let the petitioners, 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 No.4,

          Gayaji in connection with Magadh Medical P.S. Case No. 47 of

          2026, subject to the following conditions:-

                      i. Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No. 20985 of 2026(2) dt.30-03-2026
                                                        3/3




                                  ii. If the petitioners tamper 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Suruchi/-

U      T


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