Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18043 of 2025 Arising Out of PS. Case No.-287 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Shashi Bhushan Kumar Son of Ramchnadra Yadav Resident of VillageGheena, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2025 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 Sour Bazar P.S. Case No. 287 of 2022 dated 10.06.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 153.450 litres of illicit foreign liquor was recovered from the Bolero Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The petitioner is the owner of the seized vehicle. Nothing has been recovered

Patna High Court CR. MISC. No.18043 of 2025(2) dt.08-04-2025 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. As per impugned order dated 05.02.2025, the petitioner is in custody since 09.01.2024.

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, Saharsa in connection with Sour Bazar P.S. Case No. 287 of 2022, 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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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