Patna High CourtCR. MISC./19301/2025bail granted

Shiv Kumar Sah v. The State Of Bihar

2025-04-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19301 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Shiv Kumar Sah S/O Vinod Sah R/O Village- Bak Khas, P.S- Taraiya Sujan, Distt.- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 03 of 2025, instituted for the offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 70.600 liters liquor was recovered from auto and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.19301 of 2025(2) dt.02-04-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the owner of the auto in question. The petitioner is driver of the auto and the same is a public transport. The petitioner is in custody since 07.01.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur P.S. Case No. 03 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T