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2026 DAILYLAW 26258 (PAT)

Shiv Kumar @ Shiv Narayan Kumar v. The State of Bihar

CR. MISC./45289/2026 · 2026-07-22

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45289 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- Parmanandpur District- Madhepura ====================================================== Shiv Kumar @ Shiv Narayan Kumar S/o Upendra Yadav R/o Village - Ghopa, Ward No 10, PS- Parmanandpur, District - Madhepura, Bihar, ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aniket Kumar Thakur For the Opposite Party/s : Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 22-07-2026 Heard the parties. 2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Parmanandpur P.S. Case No.43/2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10 litres of IMFL/country made liquor. 4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the motorcycle. It is further submitted that motorcycle in issue is not connected in any manner with petitioner and the name of petitioner transpired in the present case on the basis of disclosure as made by apprehended co-accused namely Dilkhush Kumar and Patna High Court CR. MISC. No.45289 of 2026(2) dt.22-07-2026 2/2 Sonu Kumar. It is submitted that recovery was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. 5. Learned APP, opposes the prayer for bail. 6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum Special Judge Excise-I, Madhepura/concerned trial court where the case is pending in connection with Parmanandpur P.S. Case No.43/2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T