Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103, 111(4), 113(3)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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
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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
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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/-
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