Patna High Court
Shiv Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
Shiv Kumar Singh was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with 11.25 litres of liquor recovered. The petitioner argued that he was implicated only because his motorcycle, which he had gifted to a friend’s daughter, was used to transport the liquor and that the bike’s registration had not been formally transferred. He asserted that the liquor was not found in his conscious possession and highlighted his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court, noting the lack of direct possession and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner had conscious possession of the illicit liquor.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, are sufficient to justify arrest.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- possession
- motor vehicle act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34142 of 2026
Arising Out of PS. Case No.-300 Year-2019 Thana- DANAPUR District- Patna
======================================================
Shiv Kumar Singh s/o Dwarik Singh R/O Village- Nagala Kinjar, P.O.-
Nagala, P.S.- Kinjar, District- Arwal.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Satya Prakash Sinha, Advocate
For the Opposite Party : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Danapur P.S.
Case No.300 of 2019 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 11.25 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that the petitioner is the owner of motorcycle
Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026
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bearing Registration No. BR01EB- 6523, which was involved
in carrying alleged liquor. It is also submitted that the
petitioner had gifted his bike to friend’s daughter on the
marriage ceremony but unfortunately, the same was not
transferred by the law of registration under M.V Act and the
petitioner has been falsely implicated in the present case. It
is also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. Petitioner
claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026
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learned Spl. Excise Judge, Danapur, in connection with
Danapur P.S. Case No.300 of 2019, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
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