Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 20985 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Shivam Kumar S/O Maheshi Yadav R/O Village- Kachauri, P.S- Sherghati, Distt.- Gayaji.

2.

Ranjit Kumar S/O Kuldip Yadav R/O Village- Baheri, P.S- Sherghati, DisttGayaji. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2026 Heard Mr. Sunil Kumar, learned counsel for the petitioners and Mr. Pronoti Singh, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who are in custody since 13.02.2026 in connection with Magadh Medical P.S. Case No. 47 of 2026, F.I.R. dated 12.02.2026 for the offences punishable under Section 113(3), 111(4) of Bharatiya Nyay Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 963 liters of illegal foreign liquor.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No. 20985 of 2026(2) dt.30-03-2026 2/3 from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from vehicle in question and petitioner no.1 was driver and petitioner no.2 was conductor of the vehicle in question. He further submits that there is noncompliance of Section 103 of BNSS and the petitioners are in custody since 13.02.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, the petitioner have clean antecedent and there is non-compliance of Section 103 of BNSS, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special, Excise Court No.4, Gayaji in connection with Magadh Medical P.S. Case No. 47 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No. 20985 of 2026(2) dt.30-03-2026 3/3 ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T