Patna High Court

Shiv Kumar @ Shiv Kumar RaiversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that the petitioner is eligible for bail, subject to verification of his antecedent and compliance with attendance conditions.

Summary

The petitioner, Shiv Kumar, sought regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 74 litres of illicit liquor. He claimed innocence, asserted that no liquor was found in his possession, and highlighted his clean antecedent while being in custody since 10‑02‑2026. The State opposed the bail application. The High Court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his antecedent and attendance at the police station on the first and third Sundays of each month. The court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial. The bail order was conditioned on cancellation if the petitioner fails to appear as directed.

Issues considered

Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the recovery of illicit liquor, not found in the petitioner's possession, precludes the grant of bail.

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
criminal procedure
antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.21606 of 2026

                         Arising Out of PS. Case No.-52 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Shiv Kumar @ Shiv Kumar Rai S/o Harihar Rai @ Harihar Ray Resident of
                 Village- Jethuli, P.S.- Nadi, and District- Patna
                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Jay Ram Prasad, Advocate
                 For the State             :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                                    ORAL ORDER


2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Nadi

                   P.S. Case No. 52 of 2026 registered for the offence punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                  3. As per the prosecution case, there is recovery of 74

                   litres of illicit liquor.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing has been recovered from the conscious

                   possession of the petitioner. The petitioner is in custody since

                   10.02.2026 having clean antecedent.
Patna High Court CR. MISC. No.21606 of 2026(2) dt.06-04-2026
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                       5. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the petitioner, above named, be released on bail on furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge, Excise, Patna City/ concerned Court below in connection

          with Nadi P.S. Case No. 52 of 2026.

                       7. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.

                       8. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Nadi

          Police Station, District- Patna on first and third Sunday of each

          month. Any default in appearance at the police station will result

          in cancellation of bail bonds of the petitioner.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
           Patna High Court CR. MISC. No.21606 of 2026(2) dt.06-04-2026
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                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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