Shivjee Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25031 of 2026 Arising Out of PS. Case No.-65 Year-2026 Thana- ARARIA District- Araria ====================================================== Shivjee Kumar Son of Sukeshwar Mahto Resident of Village- Khurd Ward No. 02, P.S.- Kanja (Karja), District- Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Araria P.S. Case No. 65 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from a car, altogether 153.300 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that as per the case of the prosecution, there were two persons in the car and one of them managed to
Patna High Court CR. MISC. No.25031 of 2026(3) dt.12-05-2026 2/2 escape. Petitioner is merely a driver. He further submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 08.02.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case of similar nature.
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 learned Exclusive Special Judge, Excise-I, Araria in connection with Araria P.S. Case No. 65 of 2026.
(Ashok Kumar Pandey, J) Sudhanshu/- U T