Shyambabu Kumar @ Fuleswar Rai @ Fulan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21581 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Shyambabu Kumar @ Fuleswar Rai @ Fulan Son of Nagina Rai Resident of Village - Sabalpur Newal Tola, P.S. - Sonepur, District - Saran 2.

Lalbabu Kumar Son of Nagina Rai Resident of Village - Sabalpur Newal Tola, P.S. - Sonepur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sonepur P.S. Case No. 188 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 50 litres of liquor was recovered from the shop.

4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case due to local village politics. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that the recovery

Patna High Court CR. MISC. No.21581 of 2025(2) dt.07-04-2025 2/2 has been made from the shop of the petitioners where local people visit regularly. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 06.03.2025. Petitioner no.. 1 has two criminal antecedents and petitioner no. 2 has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonepur P.S. Case No. 188 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T