Shivam Kumar @ Shivan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46262 of 2026 Arising Out of PS. Case No.-421 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Shivam Kumar @ Shivan Kumar S/o Jatahu Mahto @ Jathu Mahto R/o Village - Harpur Barhetta, P.S - Sarairanjan, District - Samastipur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Khushi Awadh, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 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 Dalsingsarai P.S. Case No.421 of 2023 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 30 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from a bike which was parked outside the house of one

Patna High Court CR. MISC. No.46262 of 2026(2) dt.22-07-2026 2/3 Umesh Thakur. It is also submitted that name of petitioner arrayed solely for the reason that petitioner is the registered owner of motorcycle, which was involved in carrying illegal consignment of liquor. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also argued that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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.46262 of 2026(2) dt.22-07-2026 3/3 learned Court of Exclusive Special Judge (Excise), first, Samastipur, in connection with Dalsingsarai P.S. Case No.421 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS.

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