Patna High Court
Shiv Prasad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Shiv Prasad Kumar was arrested on 1 February 2026 in connection with the seizure of 2,000 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022. The petitioner claimed he had no conscious possession of the liquor, had a clean antecedent, and was implicated only on suspicion, noting that co‑accused Kishan Kumar and Santosh Mahto had already been granted bail. The State opposed bail. The court examined the lack of direct possession, the petitioner's clean record, and the precedent of bail to co‑accused, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail bond was to be verified but not delayed for antecedent checks. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether the petitioner is entitled to bail despite the liquor seizure not being from his conscious possession
- Whether the petitioner's clean antecedent and the grant of bail to co‑accused justify granting bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- seizure of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25280 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- DIGHA District- Patna
======================================================
Shiv Prasad Kumar son of Muni Rai @ Munnilal Yadav Resident of Village-
Jafrabad, P.S -Rustampur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shams Akhtar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Shams Akhtar, learned counsel for the
petitioner and Mr. Lakshmi Kant Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.02.2026 in connection with Digha P.S. Case No. 86 of 2026,
F.I.R. dated 01.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amended)
Act, 2022.
3. Recovery is of 2000 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.25280 of 2026(2) dt.22-04-2026
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the recovery has been made from the boat in question and
petitioner has been made accused merely on the basis of
suspicion. He further submits that the similarly situated co-
accused, namely, Kishan Kumar has been granted bail by this
Court vide order dated 24.03.2026 passed in Cr. Misc. No.
18349 of 2026 and another co-accused, namely, Santosh Mahto
has been granted bail by this Court vide order dated 25.03.2026
passed in Cr. Misc. No. 19101 of 2026. The petitioner is in
custody since 01.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner has clean antecedent and other
accused persons have been granted bail by this Court, 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 Special Judge
Excise-2, Patna in connection with Digha P.S. Case No. 86 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
Patna High Court CR. MISC. No.25280 of 2026(2) dt.22-04-2026
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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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