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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that bail should be granted to the petitioners considering their clean antecedent and period of custody.

Summary

Shivam Kumar and Nitish Kumar were arrested in connection with a case under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act for allegedly possessing 90 litres of illicit country-made liquor recovered from a sack on a motorcycle. The petitioners contended that they were falsely implicated, had no connection with the liquor or the motorcycle, and possessed a clean antecedent, having been in custody since 26-03-2026. The State opposed bail, but the court, noting the petitioners' clean record and the period of custody, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the District & Additional Sessions Judge‑IV‑cum‑Special Excise Court‑I, Lakhisarai. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.

Issues considered

  • Whether the petitioners are entitled to bail under the Bihar Prohibition and Excise Act for offences under Sections 30(a) and 32(iii) considering their clean antecedent and the nature of the alleged offence.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35302 of 2026
                      Arising Out of PS. Case No.-140 Year-2026 Thana- Kavaiya District- Lakhisarai
                 ======================================================
           1.     Shivam Kumar Son of Vijay Saw Resident of Village- Bannubagicha Near
                  School, P.S.- Bannubagicha, District- Lakhisarai.
           2.    Nitish Kumar Son of Umesh Yadav Resident of Village- Sitarampur, P.S.-
                 Suryagarha, District- Lakhisarai.

                                                                                      ... ... Petitioners
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                     The matter was heard via video conferencing

                   mode.

                                   2. Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioners seek bail in connection with

                   Kabaiya P.S. Case No. 140 of 2026 registered for the offences

                   punishable under Sections 30(a) and 32(iii) of the Bihar

                   Prohibition and Excise Act.

                                   4. As per the prosecution case, total 90 litres of

                   illicit country made liquor was recovered from a sack kept on a

                   motorcycle.

                                   5. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have falsely been implicated in
Patna High Court CR. MISC. No.35302 of 2026(2) dt.21-05-2026
                                            2/3




          the present case merely on the basis of suspicion. Petitioners

          have no concern either with the allegedly recovered liquor or

          with the motorcycle in question. Learned counsel lastly submits

          that petitioners have clean antecedent and they are in custody

          since 26.03.2026.

                          6. Learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioners.

                          7.     Considering         the       aforesaid   facts   and

          circumstances of the case and also considering petitioners’ clean

          antecedent and their period of custody, this Court is inclined to

          grant bail to the petitioners.

                          8. Accordingly, let the petitioners, above-named, be

          released on bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount each to the satisfaction of the learned District &

          Additional Sessions Judge-IV-cum-Special Excise Court-I,

          Lakhisarai, in connection with Kabaiya P.S. Case No. 140 of

          2026.

                          9. It is made clear that any observation made herein

          is prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observation
          Patna High Court CR. MISC. No.35302 of 2026(2) dt.21-05-2026
                                                      3/3




                    shall not be construed as an expression on the merits of the case

                    and shall not influence the trial or any other proceedings in any

                    manner.


                                                                         (Ansul, J)

Shahnawaz/-

U     T


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