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

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Patna HC
2026
Deva Kumar Vs The State of BiharDeva Kumar v. The State of Bihar

Allowed¶22

Deva Kumar v. The State of Bihar

Bail – Section 30(a), Bihar Prohibition and Excise Act

Patna HC22 Jul 2026CR. MISC./50059/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 50059 of 2026, decided 22-07-2026 by Girijish Kumar, J. Bail granted to Deva Kumar and Shamsher Khan under Section 30(a) Bihar Prohibition and Excise Act in Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026 (Rohtas); 50 litres country-made liquor allegedly recovered from plastic sack on motorcycle; custody since 28.05.2026; bail bond Rs. 10,000 with two sureties each before Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram.

What did the court decide?

Petitioners released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No282/2026 read with Excise Case No. 1302/2026.

Why is it important?

Bail granted: considering the facts and circumstances of the case and the submissions of learned counsel for the petitioners, the petitioners were ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026. ¶22

What the court decided

AI extract

Outcome

Petitioners released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No282/2026 read with Excise Case No. 1302/2026.

Issue for consideration

Whether the petitioners, in custody in Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.

Court's answer

Bail granted: considering the facts and circumstances of the case and the submissions of learned counsel for the petitioners, the petitioners were ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026.

Detailed headnote1 paragraphs

Bail — Section 30(a), Bihar Prohibition and Excise Act — Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026 — allegation of recovery of 50 litres country-made liquor from plastic sack kept on motorcycle — petitioners in custody since 28.05.2026 — petitioner no. 1 with three criminal antecedents (on bail therein), petitioner no. 2 with clean antecedent — State opposed bail — Court, considering facts, circumstances and counsel's submissions, allowed bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50059 of 2026

Arising Out of PS. Case No.-282 Year-2026 Thana- Excise P.S. District- Rohtas

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

Deva Kumar Son of Arun Paswan Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas

Shamsher Khan Son of Anwar Sah Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kant, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR

ORAL ORDER

2 22-07-2026

Heard learned counsel appearing on behalf of the

petitioners and learned A.P.P. appearing for the State.

Petitioners are in custody in connection with Sasaram Excise P.S. Case No-282/2026 read with Excise Case No. 1302/2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation in the FIR, total 50 litres country-made liquor was recovered from the plastic sack which was kept on the motorcycle.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from

Patna High Court CR. MISC. No.50059 of 2026(2) dt.22-07-2026 2/2

the conscious possession of the petitioners. He further submits that the name of the petitioners has been dragged in this case because of the local politics. He further submits that the petitioners have no concern with the recovered liquor. He next submits that the petitioners are in custody since 28.05.2026 and petitioner no. 1 has got three criminal antecedents as per paragraph 3 of the bail petition, in which he is on bail and petitioner no. 2 has clean antecedent.

Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and also submission of learned counsel for the petitioners, let the above named petitioners be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No282/2026 read with Excise Case No. 1302/2026.

(Girijish Kumar, J)

dhaneshwar/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners, in custody in Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.¶21
The court held
Bail granted: considering the facts and circumstances of the case and the submissions of learned counsel for the petitioners, the petitioners were ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026.ratio¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioners in custody in connection with Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026, registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.¶16
Prior proceeding
FIR allegation: total 50 litres country-made liquor recovered from plastic sack kept on a motorcycle.¶17
Prior proceeding
Petitioners in custody since 28.05.2026 (as stated by learned counsel for the petitioners).¶20
Prior proceeding
Antecedents: petitioner no. 1 has three criminal antecedents (per paragraph 3 of the bail petition) in which he is on bail; petitioner no. 2 has clean antecedent.¶20

Parties & counsel

AI extract

petitioner
Deva Kumar Son of Arun Paswan Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas¶4
Shashi Kant
petitioner
Shamsher Khan Son of Anwar Sah Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas¶5
Shashi Kant
respondent
The State of Bihar¶8
Arun Kumar

Coram

AI extract

Girijish Kumarauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 22 Jul 2026 · July
Registered: 15 Jul 2026
Case no.: CR. MISC./50059/2026
CNR: BRHC010680732026
Bench: Girijish Kumar
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Deva Kumar v. The State of Bihar, CR. MISC./50059/2026 (PAT), decided on 22 July 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bihar Prohibition and Excise Act30(a)

View all statutes

Procedural history4

Petitioners in custody in connection with Sasaram Excise P.S. Case No. 282/2026 read with Excise Case No. 1302/2026, registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
FIR allegation: total 50 litres country-made liquor recovered from plastic sack kept on a motorcycle.

View full history

Bench / Coram

Girijish Kumar

Parties & counsel