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Patna High CourtCR. MISC./17348/2025bail granted

Shashi Singh @ Shashi Kumar Singh v. The State Of Bihar

2025-04-16Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17348 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- NAUTAN District- Siwan ====================================================== Shashi Singh @ Shashi Kumar Singh, Son of Jay Ram Singh, Resident of Village - Koiri Tola Semariya, P.S. - Nautan, District - Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Prakash Singh, Advocate.

For the State :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Nautan P.S. Case No. 09 of 2025 dated 09.01.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 144 litres of country made liquor has been recovered from a Motorcycle standing in a public place and allegedly as per hear-say the petitioner was driving that Motorcycle.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is no way connected

Patna High Court CR. MISC. No.17348 of 2025(2) dt.16-04-2025 2/3 with the alleged offence and neither recovered contraband belongs to him nor he was driving the Motorcycle and hence, no prima facie case is made out against the petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in three other cases.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Nautan P.S. Case No. 09 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.17348 of 2025(2) dt.16-04-2025 3/3 below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T