Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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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