Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19781 of 2026 Arising Out of PS. Case No.-1059 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Shivam Kumar S/o- Ajay Singh R/o Vill- Amba PS- Rahui Dist-Nalanda ... ... Petitioner/s
Versus
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 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection 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.
3. 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.
4. 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
Patna High Court CR. MISC. No.19781 of 2026(2) dt.25-03-2026 2/2 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.
5. The application for bail is opposed by learned APP for the State.
6. 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- 2nd Nawada or the concerned court, Nawada in connection with Excise P.S. Case No.1059 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T