Allowed¶25

Shivam Kumar v. The State of Bihar

Patna HC21 May 2026CR. MISC./35302/2026

Case brief

AI extract

What is this about?

Bail granted; Bihar Prohibition and Excise Act Sections 30(a), 32(iii); Kabaiya P.S. Case No. 140 of 2026; 90 litres illicit country-made liquor; recovery from sack on motorcycle; custody since 26.03.2026; clean antecedents; bail bond Rs. 10,000 each with two sureties; District & Additional Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai; observations prima facie and limited to bail adjudication.

What did the court decide?

Both petitioners released on bail on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai, in connection with Kabaiya P.S. Case No. 140 of 2026. ¶25

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35302 of 2026

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Arising Out of PS. Case No.-140 Year-2026 Thana- Kavaiya District- Lakhisarai

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

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Shivam Kumar Son of Vijay Saw Resident of Village- Bannubagicha Near School, P.S.- Bannubagicha, District- Lakhisarai.

¶5

Nitish Kumar Son of Umesh Yadav Resident of Village- Sitarampur, P.S.Suryagarha, District- Lakhisarai.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP

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

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CORAM: HONOURABLE MR. JUSTICE ANSUL

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ORAL ORDER

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2 21-05-2026

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The matter was heard via video conferencing

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mode.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners seek bail in connection with Kabaiya P.S. Case No. 140 of 2026 registered for the offences punishable under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 90 litres of illicit country made liquor was recovered from a sack kept on a motorcycle.

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Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in

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Patna High Court CR. MISC. No.35302 of 2026(2) dt.21-05-2026 2/3

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the present case merely on the basis of suspicion. Petitioners have no concern either with the allegedly recovered liquor or with the motorcycle in question. Learned counsel lastly submits that petitioners have clean antecedent and they are in custody since 26.03.2026.

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Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case and also considering petitioners’ clean antecedent and their period of custody, this Court is inclined to grant bail to the petitioners.

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Accordingly, let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai, in connection with Kabaiya P.S. Case No. 140 of 2026.

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It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observation

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Patna High Court CR. MISC. No.35302 of 2026(2) dt.21-05-2026 3/3

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shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any

manner.

(Ansul, J)

Shahnawaz/-

U T

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?

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What the court decided

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