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
- Bihar Prohibition and Excise Act — s. 30(a), 32(iii)
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
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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
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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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