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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount.

Summary

Shivam Kumar applied for bail in a criminal case (PS Case No.448/2023) registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 83 litres of liquor from a ruined house. The petitioner, represented by Mr. Arvind Kumar, argued that he was not arrested at the spot, the liquor was not in his conscious possession, and the recovery was from a property not belonging to him, contending that the investigation was based on secret information. The State, through Ms. Sharda Kumari, opposed the bail. The Court considered the antecedent case, the fact that the petitioner had been in custody since 17‑11‑2025, and the lack of direct possession of the seized liquor. Justice Satyavrat Verma ordered the petitioner’s release on bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount, to be approved by the trial court. The bail order was directed to be complied with in the Gaya Kotwali P.S. case.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the antecedent case and custody since 17‑11‑2025
  • Whether the absence of direct possession of the seized liquor and the manner of investigation justify bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • liquor seizure
  • criminal procedure
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7912 of 2026
                    Arising Out of PS. Case No.-448 Year-2023 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Shivam Kumar Son of Late Sanjeet Kumar @ Late Ranjeet Kumar @ Late
                 Sanjeet Prasad @ Late Ranjeet Prasad Resident of Pintu Pachak Gali,
                 Fatehganj, Police Station - Kotwali, District - Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar
                 For the Opposite Party/s :      Ms. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   in custody since 17.11.2025 and allegation is of recovery of 83

                   litres of liquor from a ruined house. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on secret information which
             Patna High Court CR. MISC. No.7912 of 2026(2) dt.16-04-2026
                                                         2/2




                       is the easiest way to implicate someone without holding a

                       proper investigation.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (Rupees five thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Gaya

                       Kotwali P.S. Case No.448/2023.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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