Shiv Kumar Singh Vs The State of Bihar — Motor Accident Claims | Patna HC (2026)

Shiv Kumar Singh Vs The State of Bihar — Motor Accident Claims | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner, in the event of arrest or surrender within four weeks, to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Spl. Excise Judge, Danapur, in connection with Danapur P.S. Case No.300 of 2019, subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the FIR in Danapur P.S. Case No.300 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and apprehending arrest, should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: the recovery of illicit liquor prima facie does not appear to have been made from the physical possession of the petitioner, who is a man of clean antecedents; accordingly, in the event of arrest or surrender within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Spl. Excise Judge, Danapur, subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Chandra Shekhar Jha, J., 29-06-2026) to Shiv Kumar Singh, named in the FIR in Danapur P.S. Case No.300 of 2019 under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging illegal trade/manufacturing of illicit liquor with recovery of 11.25 litres of IMFL/country-made liquor. The motorcycle allegedly involved was registered in the petitioner's name but was stated to have been gifted to a friend's daughter and not transferred under the M.V Act; the recovery was claimed not to be from his conscious possession. Taking note that the recovery prima facie did not appear to be from the petitioner's physical possession and that he was a man of clean antecedents, the Court directed release on bail upon arrest or surrender within four weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Spl. Excise Judge, Danapur, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34142 of 2026

Arising Out of PS. Case No.-300 Year-2019 Thana- DANAPUR District- Patna

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

Shiv Kumar Singh s/o Dwarik Singh R/O Village- Nagala Kinjar, P.O.Nagala, P.S.- Kinjar, District- Arwal.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr.Satya Prakash Sinha, Advocate For the Opposite Party : Mr.Nawal Kishore Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 29-06-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Danapur P.S. Case No.300 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 11.25 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the name of petitioner arrayed solely for the reason that the petitioner is the owner of motorcycle

Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026 2/3

bearing Registration No. BR01EB- 6523, which was involved in carrying alleged liquor. It is also submitted that the petitioner had gifted his bike to friend’s daughter on the marriage ceremony but unfortunately, the same was not transferred by the law of registration under M.V Act and the petitioner has been falsely implicated in the present case. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026 3/3

learned Spl. Excise Judge, Danapur, in connection with Danapur P.S. Case No.300 of 2019, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

aniket/-

U T