Shivshankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3180 of 2025 Arising Out of PS. Case No.-259 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Shivshankar Das Son of Madan Das village - Harpur Kala, Math Tola Ward NO - 06 ,P. S - Majorganj , District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Majorganj P.S. Case No.259 of 2024, disclosing offences under Section 317 (5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution story, the police received secret information that liquor trader Mukesh Patel was trying to send illicit liquor via an E-rickshaw from bamboo clumps situated near a bridge in village Dumri-Harpur Road. The informant along with police force reached there and on seeing the police, two persons tried to flee away, however, were apprehended on the spot, while some persons suceeded in feeling away. The apprehended persons disclosed the names of

Patna High Court CR. MISC. No.3180 of 2025(2) dt.19-02-2025 2/3 the persons who fled away from the spot. On search, the police recovered 60 liters of Nepali Saufi liquor from e-rickshaw.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case on the basis of disclosure made by arrested co-accused persons. He further submits that illicit liquor has not been recovered from the conscious possession of the petitioner and/or vehicle belonging to him.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner and/or vehicle belonging to him and his name has been disclosed by the arrested co-accused persons, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Sitamarhi, in connection with Majorganj P.S. Case No.259 of

Patna High Court CR. MISC. No.3180 of 2025(2) dt.19-02-2025 3/3 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T