Uma Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24785 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- BIHTA District- Patna ====================================================== Uma Shankar, aged about 19 years, Son of Girdhari lal @ Upendra Kumar Singh, R/o Vill- Alhanpura, P.S.- Bihta, Distt.-Patna, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Subhankar Prabhakar, Advocate For the Opposite Party :
Mr. Shaheen Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bihta P.S. Case No. 82 of 2025 dated 01.06.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, total 47.25 litres of illicit foreign liquor and 500 Ml of beer was recovered from the bag of the petitioner and other co-accused Ravi Kumar who were standing near the motorcycle. The apprehended co-accused person Ravi Kumar disclosed the name of other co-accused
Patna High Court CR. MISC. No.24785 of 2025(3) dt.08-05-2025 2/3 Anish who is his brother as fleeing person from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from his possession. There is no statutory compliance of Section 100 of the Cr.P.C. The petitioner has no concern with the alleged offence. It is further submitted that the other co-accused person, namely, Ravi Kumar has already been granted bail by a Bench of this Court in Cr. Misc. No. 19916 of 2025 vide order dated 15.04.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 04.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, 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 the learned Special Excise Judge, Danapur, Patna in connection with Bihta P.S. Case No. 82 of 2025.
Patna High Court CR. MISC. No.24785 of 2025(3) dt.08-05-2025 3/3
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T