Patna High Court
Shivjee KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Shivjee Kumar, a driver, was arrested in connection with Araria P.S. Case No. 65 of 2026 for alleged possession of 153.3 litres of illicit foreign liquor, an offence under Section 30(a) of the Bihar Prohibition & Excise Act. He contended that he was falsely implicated, that the liquor was not recovered from his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure. The State opposed bail, citing a prior similar criminal case against the petitioner. After hearing both sides, the High Court noted the procedural irregularities and the lack of direct possession, and, despite the antecedent, ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be satisfied before the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether the petitioner is entitled to bail despite alleged procedural lapses in the seizure under Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- illicit liquor
- procedural lapse
- seizure
- driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25031 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- ARARIA District- Araria
======================================================
Shivjee Kumar Son of Sukeshwar Mahto Resident of Village- Khurd Ward
No. 02, P.S.- Kanja (Karja), District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Araria P.S. Case No. 65 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that from a
car, altogether 153.300 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that as per the case of the prosecution,
there were two persons in the car and one of them managed to
Patna High Court CR. MISC. No.25031 of 2026(3) dt.12-05-2026
2/2
escape. Petitioner is merely a driver. He further submits that
nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
while making the seizure. Moreover, the petitioner is
languishing in judicial custody since 08.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case of similar nature.
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 learned
Exclusive Special Judge, Excise-I, Araria in connection with
Araria P.S. Case No. 65 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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