Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34142 of 2026 Arising Out of PS. Case No.-300 Year-2019 Thana- DANAPUR District- Patna ====================================================== Shiv Kumar Singh s/o Dwarik Singh R/O Village- Nagala Kinjar, P.O.- Nagala, P.S.- Kinjar, District- Arwal.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Danapur P.S. Case No.300 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 11.25 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for the reason that the petitioner is the owner of motorcycle

Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026 2/3 bearing Registration No. BR01EB- 6523, which was involved in carrying alleged liquor. It is also submitted that the petitioner had gifted his bike to friend's daughter on the marriage ceremony but unfortunately, the same was not transferred by the law of registration under M.V Act and the petitioner has been falsely implicated in the present case. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.34142 of 2026(3) dt.29-06-2026 3/3 learned Spl. Excise Judge, Danapur, in connection with Danapur P.S. Case No.300 of 2019, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) aniket/- U T