Patna High Court
Shivam ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Shivam Thakur was arrested on 30 March 2026 in connection with the seizure of 1,665 litres of illicit Nepali liquor, alleged to be in violation of Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that he had no conscious possession of the liquor, that the vehicle from which it was recovered did not belong to him, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, highlighting four prior criminal antecedents, though noting that the petitioner was already on bail for those matters. The court examined the factual matrix and the procedural deficiencies raised, and concluded that bail could be granted provided the petitioner complied with stipulated conditions. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the BNSS and the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS warrants denial of bail.
- Whether the fact that the seized liquor was recovered from a vehicle not owned by the petitioner negates the element of possession required for the charges.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 274, 275, 3(5)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- possession
- procedural compliance
- criminal antecedent
- excise law
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32631 of 2026
Arising Out of PS. Case No.-9 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
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for
the petitioner and Ms. Pushpa Sinha.1, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.03.2026 in connection with Bhairavsthan P.S. Case No. 09 of
2026, F.I.R. dated 10.01.2026 for the offences punishable under
Section 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023
and 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 1665 liters of Saurabh Saunfi Nepali
country-made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent 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
Patna High Court CR. MISC. No.32631 of 2026(2) dt.13-05-2026
2/3
conscious possession of the petitioner rather the recovery has
been made from the vehicle in question and the petitioner is not
the owner of the vehicle in question He further submits that
there is non-compliance of Section 103 and 105 of BNSS and
the petitioner is in custody since 30.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
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 Exclusive
Special Judge Excise Act, Jhanjharpur, Madhubani in
connection with Bhairavsthan P.S. Case No. 09 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
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.32631 of 2026(2) dt.13-05-2026
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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)
Suruchi/-
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