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Patna High Court

Shivam Kumar @ Shivam Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for anticipatory bail was dismissed.

Summary

Shivam Kumar applied for anticipatory bail after the police recovered 82.44 litres of illicit foreign liquor and an iPhone from a vehicle, linking him to a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged his involvement, and his name appeared in a co‑accused’s self‑incriminating statement, with a prior antecedent under the Excise Act. The petitioner claimed innocence and sought bail, while the State opposed the relief. The court examined the seriousness of the allegations, the presence of his name in another statement, and his past record. Concluding that the circumstances did not warrant anticipatory bail, the court dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • excise law
  • illicit liquor
  • self‑incriminating statement
  • prior antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.41555 of 2026
                          Arising Out of PS. Case No.-91 Year-2025 Thana- Sarbahada District- Gaya
                 ======================================================
                 Shivam Kumar @ Shivam Kumar Singh S/o Nilambar Singh R/o Village -
                 Karge, PS - Chanho, Barho, District - Ranchi, State - Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Jitendra Kumar, Advocate
                 For the State             :        Mr.Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends arrest in connection

                   with      Sarbahda P.S. Case No. 91 of 2025 instituted under

                   Sections 30(a) and 37 of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. As per the prosecution case,                     during police

                   patrolling, recovery of 82.440 liters of illicit foreign liquor and

                   an Apple iPhone was made from a damaged Scorpio vehicle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case.

                                 5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.41555 of 2026(2) dt.08-07-2026
                                                       2/2




                                  6. The name of the petitioner has come in the self

                     inculpatory statement of the co-accused. The petitioner has

                     similar antecedent under the Excise Act also.

                                  7. Considering the aforesaid fact, this is not a fit case

                     for grant of anticipatory bail.

                                  8. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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