Patna High Court
Shivam ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
Shivam Thakur was arrested in connection with the seizure of 486 litres of illicit liquor and charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act (Amendment). He had been in custody since 16 March 2026 and claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The High Court, after considering the facts and submissions, granted bail on the condition that Thakur furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and attend the police station every Sunday, with bail liable to cancellation if he is later involved in any Excise/NDPS case. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to a person accused of offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act (Amendment).
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner’s attendance and prevent further offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- narcotic law
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27514 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Shivam Thakur S/O Bibhu Thakur R/o - Bhatsimar, P.S - Rajnagar, District -
Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhairavsthan P.S. Case No. 43 of 2026 registered for the offence
under Section 274, 275 and 3(5) of the BNS and under Section
30(a) of the Bihar Prohibition and Excise Act(Amendment).
3. The recovery is of 486 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 16.03.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
Patna High Court CR. MISC. No.27514 of 2026(2) dt.28-04-2026
2/3
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Bhairavasthan P.S. Case No. 43
of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur a nd produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Rajnagar Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. It is made clear that if the petitioner, in future,
is found to be involved in any other case registered under the
provisions of Excise/NDPS Act then his bail bonds shall
automatically be cancelled.
Patna High Court CR. MISC. No.27514 of 2026(2) dt.28-04-2026
3/3
11. 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
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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