Shiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.736 of 2025 Arising Out of PS. Case No.-489 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== 1.
Shiv Kumar S/O Rajendra Paswan R/O Vill.- Bazidpur, P.S.- Sheikhpura, Dist.- Sheikhpura 2.
Raju Kumar S/O Baban Paswan R/O Vill.- Bazidpur, P.S.- Sheikhpura, Dist.- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Excise P.S. Case No. 489 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 60 liters liquor was recovered near a canal and the petitioners were apprehended on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.736 of 2025(2) dt.18-01-2025 2/2 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners further submits that the alleged recovery of liquor has been made from an open place and the same is easily accessible to public at large. The petitioners were passerby of that way and they were arrested on the basis of suspicion. The petitioners are in custody since 04.12.2024 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 489 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T