PATNA HIGH COURT ISSUES ORDER ON SHIVAM KUMAR V/S THE STATE OF BIHAR

PATNA, India, April 13 -- Patna High Court issued the following order on March 10:

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with FCI PS Case No. 06 of 2026 instituted for the offences under Section/s 30(a), 32, 41(i)(ii) of the Bihar Prohibition and Excise Act and Sections 292 & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that 179.25 liters foreign liquor was recovered from two cars.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner is in custody since 10.01.2026 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with FCI PS Case No. 06 of 2026.

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