Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41511 of 2026 Arising Out of PS. Case No.-1034 Year-2026 Thana- Excise P.S. District- Sitamarhi ====================================================== 1.

Shivam Kumar S/o Ajay Kumar Gupta R/o Village - Minapur Balha, Ward No. - 12, P.S - Piprahi, District - Sheohar 2.

Harikishor Kumar S/o Ushichandra Ray R/o Village - Kharka, Ward No.20, P.S - Punaura, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in a case registered for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

3. The recovery is of 495 litres of illicit Nepali liquor from a vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has five criminal antecedents. He further submits that the petitioners are in custody since 05.05.2026 without any fault.

Patna High Court CR. MISC. No.41511 of 2026(2) dt.25-06-2026 2/3

5. Learned counsel for the petitioners also submits that the petitioners are ready to donate Rs.25,000/- each in some charitable organization without accepting their guilt.

6. Learned APP appearing for the State opposes the prayer of the petitioners for grant of bail.

7. Considering the facts and circumstances of the case as well as the submissions of learned counsel for the petitioners, this application is allowed.

8. Let the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Exclusive Excise Court-II, Sitamarhi/ concerned Court below, in connection with Excise Sitamarhi P.S. Case No. 1034 of 2026.

9. This is also subject to the condition that the petitioners shall deposit an amount of Rs. 25,000/- each in Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipt produced by the petitioners.

10. As a condition of this order, the petitioners after being released on bail, are directed to mark their attendance at

Patna High Court CR. MISC. No.41511 of 2026(2) dt.25-06-2026 3/3 Punaura Police Station, District- Sitamarhi on every Sunday of the month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioners. (Sandeep Kumar, J) tusharika/- U T