Allowed¶21

Shivam Kumar v. The State of Bihar

Patna HC25 Mar 2026CR. MISC./19781/2026

Case brief

AI extract

What is this about?

Bail grant; Criminal Miscellaneous No.19781 of 2026; Patna High Court; Justice Ashok Kumar Pandey; Excise P.S. Case No.1059 of 2025; Nawada; Bihar Prohibition and Excise (Amendment) Act Sections 30(a), 41, 47; illicit foreign liquor; 1335.600 litres recovery from truck; petitioner as truck driver; seizure witnesses police personnel; Section 105 BNSS non-compliance in seizure; no criminal antecedent; judicial custody since 17.12.2025; bail bond Rs. 10,000/- with two sureties; Exclusive Special Excise-2nd Court Nawada; APP opposition.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the court of learned Exclusive Special Excise-2nd Nawada or the concerned court, Nawada, in connection with Excise P.S. Case No.1059 of 2025.

Shivam Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19781 of 2026

¶2

Arising Out of PS. Case No.-1059 Year-2025 Thana- Excise P.S. District- Nawada

¶3

======================================================

¶4

Shivam Kumar S/o- Ajay Singh R/o Vill- Amba PS- Rahui Dist-Nalanda

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Priya Ranjan, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ======================================================

¶8

... ... Opposite Party/s

¶9

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶10

2 25-03-2026

¶11

Heard learned counsel for the petitioner and learned

¶12

APP for the State.

¶13

The petitioner has prayed for bail in connection

¶14

with Excise P.S. Case No.1059 of 2025 registered for the offence punishable under Sections 30(a), 41 & 47 of the Bihar Prohibition and Excise (Amendment) Act.

¶15

The case of the prosecution, in short, is that from a truck altogether 1335.600 liters of illicit foreign liquor was recovered from a truck.

¶16

Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that the petitioner is only the driver of the said truck. It has further been submitted that the witnesses of the seizure list are police personnel and police have

¶17

Patna High Court CR. MISC. No.19781 of 2026(2) dt.25-03-2026 2/2

¶18

not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 17.12.2025.

¶19

The application for bail is opposed by learned APP

¶20

for the State.

¶21

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise- 2^nd Nawada or the concerned court, Nawada in connection with Excise P.S. Case No.1059 of 2025.

¶22

(Ashok Kumar Pandey, J)

¶23

durgesh/-

Shivam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gajendra Sah Vs The State of Bihar

Ravi Kumar Vs The State of Bihar

Krishna Kumar Mandal @ Krishna Kumar Vs The State of Bihar

Santosh Rajaram Mohite @ Santosh Rajaram Mahite @ Santosh Mahite Vs The State of Bihar

Baby devi Vs The State of Bihar

Purshottam Singh @ Purushottam Singh Vs The State of Bihar