Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21055 of 2025 Arising Out of PS. Case No.-266 Year-2019 Thana- BYPASS District- Patna ====================================================== Shambhu Kumar S/O Late Shankar Ray R/O Vill.- Jafarabad, P.S.- Rustampur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanoj Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2025 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 Bypass P.S. Case No. 266/2019 dated 12.10.2019 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 272, 273 and 414 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, total 60 litres of illicit country-made liquor was recovered from the sack kept on the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.21055 of 2025(2) dt.19-04-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 10 of the bail petition, the petitioner is not the owner of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 17.02.2025.
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, Patna City in connection with Bypass P.S. Case No. 266/2019.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T