Shubham Kumar @ Shubham Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11198 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Shubham Kumar @ Shubham Choudhary Son of Late shatrudhan chaudhary Resident of Village- Fateha, Ward no. 02, P.s.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case No. 428 of 2024, dated 22.12.2024, registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and 25(1-b) a/26/35 of the Arms Act.

3. As per the prosecution case, a loaded country-made pistol which was tied around the right waist with a gamchha, a 315 bore cartridge, a mobile phone and total 85.14 litres of illicit foreign liquor was recovered from the Blue Omni Maruti Car and also a motorcycle was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the motorcycle, but he

Patna High Court CR. MISC. No.11198 of 2025(2) dt.05-03-2025 2/2 was not aware about it. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Bachhwara P.S. Case No. 428 of 2024 with the condition;- (I). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Siwani/- U T