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Patna High Court

Shiv Kumar @ Shiv Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Shiv Kumar applied for regular bail in an excise case where a car he was driving was seized with 120.60 litres of foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing he had no knowledge of the contraband and that the seizure did not follow the procedures of Sections 103 and 105 of the B.N.S.S. He also highlighted his clean antecedent and that he had been in custody since 7 May 2026. The State opposed the bail. The Court, after considering the facts, the length of custody, and the petitioner’s background, ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount, and allowed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the seizure complied with the procedural requirements of Sections 103 and 105 of the B.N.S.S.
  • Whether the petitioner’s lack of knowledge of the contraband and clean antecedent justify bail

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • Section 30(a)
  • search and seizure
  • clean antecedent
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39153 of 2026

                   Arising Out of PS. Case No.-1114 Year-2026 Thana- EXCISE KAHALGAON District-
                                                       Bhagalpur
                 ======================================================
                 Shiv Kumar @ Shiv Kumar Sah S/O Ramchandra Sah Resident of Village-
                 Pilkhi, Ward No- 12, PS- Sakra, Distt- Muzaffarpur

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dr. Manoj Kumar, Advocate
                 For the Opposite Party/s :     Mr. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Excise (Kahalgaon) P.S.

                   Case No.1114 of 2026 dated 06.05.2026 registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. As per the allegation, a car was intercepted,

                   petitioner and co-accused Chandan Kumar were found seated in

                   the vehicle, while petitioner was found driving the vehicle. It

                   has been alleged that altogether 120.60 liters of foreign liquor

                   was recovered from the car.
Patna High Court CR. MISC. No.39153 of 2026(2) dt.17-06-2026
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                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has been falsely implicated in

          this case. It has further been submitted that nothing has been

          recovered from the conscious possession of the petitioner. It has

          further been submitted that the petitioner happens to be the

          driver of the car from which the alleged recovery has been

          made. It has further been submitted that the petitioner being a

          driver, he was not aware that the consignment contained illicit

          liquor. It has further been submitted that the search and seizure

          as procedures prescribed under Section 103/105 of the B.N.S.S.

          have not been followed with. It has further been submitted that

          the petitioner has got clean antecedent. It has lastly been

          submitted that the petitioner has been in custody since

          07.05.2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Heard the parties and perused the records.

                       7. Considering the facts and circumstances of the case

          as well as the period of custody, the petitioner above-named is

          directed to be enlarged 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 learned Court concerned,
           Patna High Court CR. MISC. No.39153 of 2026(2) dt.17-06-2026
                                                       3/3




                     Bhagalpur, in connection with Excise (Kahalgaon) P.S. Case No.

                     1114 of 2026.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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