Patna High Court
Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to surrender within eight weeks and the furnishing of a bail bond with two sureties.
Summary
Shiv Kumar filed a bail petition after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 18.330 litres of illicit liquor seized from a vehicle. The petitioner contended that he was neither the owner nor the driver of the vehicle and was only named as an accused on the basis of suspicion, although he has a prior criminal record of a different nature. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s antecedent. The Court examined the facts, the lack of direct involvement, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon surrender within eight weeks, furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail can be granted to an accused who is not the owner or driver of a vehicle from which illicit liquor was seized.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail in a Section 30(a) offence.
- Whether the statutory conditions under Section 482(2) of the B.N.S.S., 2023 are satisfied for granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- excise
- illicit liquor
- suspicion
- ownership
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30084 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Shiv Kumar S/o Premchand Kewat @ Premchand R/o vill - Naubatpur, P.S.-
Sayadraza, Distt.- Chandauli, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Gaurav, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 30(a) of Bihar
Prohibition and Excise Act.
3. As per F.I.R., total 18.330 liters of illicit liquor has
been recovered from seized vehicle.
4. Learned counsel for the petitioner submits that
petitioner is neither owner nor driver of the seized vehicle and
has been made accused in this case only on suspicion.
Petitioner has got one criminal antecedent of different nature.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and other
Patna High Court CR. MISC. No.30084 of 2026(2) dt.11-05-2026
2/2
circumstances, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge (Excise)-II, Kaimur at
Bhabhua in connection with Durgawati P.S. Case No. 217 of
2025 , subject to condition as laid down under Section 482(2) of
the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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