Patna High Court
Shivam Kumar @ Shivam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.