Patna High Court
Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shyam Kumar, a driver, was arrested in connection with the seizure of 167.310 liters of illicit liquor and charged under sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He contended that he had no ownership or control over the liquor and that the seizure was recorded by police without his involvement. The State opposed his request for regular bail, arguing the seriousness of the offences. After hearing both sides, the court considered the lack of direct possession by the petitioner and his claim of innocence. The court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Court, Excise‑2, Nawada.
Issues considered
- Whether the petitioner, who was merely the driver of the vehicle from which illicit liquor was seized, is entitled to regular bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances (or related) Statutes — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
Subjects
- regular bail
- excise law
- illicit liquor
- driver
- Bihar Prohibition and Excise Act
- section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30845 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Shyam Kumar S/o Awadh Kewat @ Avadh Kevat Resident of Village- Takia
Kala, P.S.- Deepnagar, District- Nalanda,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a), 41
and 47 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 167.310 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that he was merely a driver of the said vehicle. He
has no concern with the alleged recovery. The witnesses of the
seizure list are police personnel and police has not complied
Patna High Court CR. MISC. No.30845 of 2026(2) dt.07-05-2026
2/2
Section 105 of BNSS while preparing seizure list. Moreover, he
is languishing in judicial custody since 14.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Nawada Excise P.S. Case No. 166 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court, Excise-2, Nawada.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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