Patna High Court
Shivam Kumar @ Shivam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any material directly connecting the petitioner to the seized syrup, the court held that bail must be granted.
Summary
Shivam Kumar was named in an FIR for allegedly manufacturing 110 litres of illegal Windlas syrup, violating Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and several provisions of the Bihar Narcotic Substances Act. The prosecution’s case relied on a co‑accused’s disclosure and police seizure lists, but no physical possession or incriminating material was recovered from the petitioner. The defence argued that the seizure list was unsupported by independent witnesses and that there was no prima facie evidence linking the petitioner to the contraband. The State opposed bail, citing the seriousness of the offences and a pending property‑dispute case. The court, noting the lack of material evidence and the petitioner’s willingness to surrender, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the prosecution has established a prima facie case linking the petitioner to the alleged illegal manufacturing of Windlas syrup.
- Whether the seizure list and co‑accused’s disclosure constitute sufficient material to deny bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 125, 281, 338, 3(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- prohibition act
- excise
- illegal manufacturing
- seizure list
- co‑accused disclosure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42970 of 2025
Arising Out of PS. Case No.-418 Year-2024 Thana- ATHMALGOLA District- Patna
======================================================
Shivam Kumar @ Shivam Kumar Singh S/o Shailendra Singh @ Shailendra
Kumar Singh R/o Village-Gangjala(Gangajal), P.S-Saharsa Sadar, District-
Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 10-02-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Athmalgola
P.S. Case No. 418 of 2024 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016 and Section 281, 125, 338, 3(5) of
BNS.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of 110 litres of
Windlas syrup.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.42970 of 2025(4) dt.10-02-2026
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on behalf of the petitioner that the name of this petitioner
transpired on the basis of disclosure made by
apprehended co-accused person namely, Md. Salam. It is
submitted that in furtherance of aforesaid suspicion/
disclosure nothing incriminating material recovered during
investigation as to connect petitioner prima-facie with
present recovery. It is also pointed out that the seizure
list appears disputed as same not appears supported by
independent witnesses rather by police personal. While
concluding arguments, it is submitted that petitioner
found involved in one more criminal case out of property
dispute where he is on bail.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual and legal
submission and by taking note of fact as recovery of
syrup has not been made from the conscious physical
possession of the petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to
Patna High Court CR. MISC. No.42970 of 2025(4) dt.10-02-2026
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be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive
Spl. Judge Excise, Barh, Patna /concerned Court, where
the case is pending in connection with Athmalgola P.S.
Case No. 418 of 2024, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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