IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10785 of 2026 Arising Out of PS. Case No.-1331 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Shivam Kumar @ Shivam Kumar Raj @ Shivam Singh Son of Ram Pravesh Singh @ Ram Pravesh Kumar Resident of Village- Nouranga Pokhar Par, P.S.- Mufassil, District- Gaya, At present residing at residence of villlage- Bindichak, PS -Kawakol, Dist-Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Mufassil P.S. Case No. 1331 of 2025 registered for the alleged offences under Sections 317(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, four persons were apprehended when a raid was conducted on a tip off about miscreants bringing illicit liquor by train. The petitioner is one of the apprehended persons. From the sacks kept at the spot, recovery of 260 liters of country made mahua liquor was made. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.10785 of 2026(2) dt.17-02-2026 2/3 petitioner is innocent and has been falsely implicated in this case as is apparent from the FIR. From the FIR, it is also apparent that that the illicit liquors belong to co-accused, Manoj Kumr @ Kuku. The petitioner has no concern with the seized liquor. There is non-compliance of Section 103 of BNS and no independent witness has joined during the alleged search and seizure. The petitioner has got no criminal history and is in custody since 20.12.2025. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and no recovery being shown from the conscious possession of the petitioner and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gayajee/court concerned in connection with Mufassil P.S. Case No. 1331 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: Patna High Court CR. MISC. No.10785 of 2026(2) dt.17-02-2026 3/3 (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T