Patna High Court
Shiv Kumar @ Shiv RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners despite the alleged offence and prior antecedents.
Summary
The petitioners, Shiv Kumar and Lal Babu Rai, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 1,000 litres of liquor recovered from an open public place. They contended that no liquor was found in their personal possession and that they were falsely implicated, also noting the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application, emphasizing the seriousness of the offence and the petitioners' prior criminal antecedents. The Court examined the facts, the absence of direct incriminating evidence against the petitioners, and the procedural lapse regarding Section 103. Considering these circumstances and the period of custody already served, the Court decided to grant bail to both petitioners upon furnishing a bond of Rs. 15,000 each with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the petitioners' prior criminal antecedents preclude bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- criminal antecedent
- open place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3830 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
======================================================
1. Shiv Kumar @ Shiv Ray Son of Dahau Rai @ Daharu Rai Resident of
Village- Chitnawan, P.S.- Maner, District- Patna
2. Lal Babu Rai Son of Late Shiv Pujan Rai Resident of Village- Chitnawan,
P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Maner
P.S. Case No. 860 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1000
litres of liquor has been recovered from two gallons.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.3830 of 2026(2) dt.27-01-2026
2/2
petitioners have got no concern with the alleged recovery of
liquor. The petitioners are in custody since 22.11.2025 and have
one criminal antecedent each. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Maner P.S. Case No.
860 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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