Shivam Chaudhary @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5214 of 2024 Arising Out of PS. Case No.-384 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== Shivam Chaudhary @ Shivam Kumar Son Of Vijay Kumar Chaudhary @Vijay Chaudhary Resident Of Village- Mathurapur, Ps- Dalsingsarai , DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 85.875 litres of illicit Indian made foreign liquor was recovered from the agricultural field of one Ramdev Chaudhary.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.5214 of 2024(2) dt.07-02-2024 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure or the illicit liquor. The petitioner is languishing in custody since 21.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-I, Samastipur in connection with Dalsinghsarai P.S. Case No. 384 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T