Shailesh Kumar @ Shailesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7276 of 2025 Arising Out of PS. Case No.-269 Year-2024 Thana- PARSA District- Saran ====================================================== Shailesh Kumar @ Shailesh Kumar Rai S/o- Vakil Ray Village- Anjani Mathiya Ps- Parsa Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumari, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. Altogether 89.120 litres of foreign liquor is said to have been recovered from the house of the apprehended coaccused Balister Kumar.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner or from his house. He has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is totally false and
Patna High Court CR. MISC. No.7276 of 2025(2) dt.21-02-2025 2/3 based on concocted facts. His name has been transpired in the present case merely on the basis of the confessional statement of the apprehended co-accused person, who is full brother of the petitioner. He has been languishing in custody since 03.01.2025. He has two criminal antecedents of similar nature of offence.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Parsa P.S. Case No.269 of 2024, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.7276 of 2025(2) dt.21-02-2025 3/3 (ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.
(Anjani Kumar Sharan, J) divyanshi/- U T