Shambhu Patel @ Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20870 of 2025 Arising Out of PS. Case No.-462 Year-2024 Thana- TARAIYA District- Saran ====================================================== Shambhu Patel @ Shambhu Prasad S/O Late Bigan Prasad Resident of Village- Gopal Bari, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Ranjit Kumar Thakur, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 6048 litres of spirit was recovered from a truck and car and co-accused persons, who were apprehended at the spot, disclosed the name of this petitioner as their associate.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicles in question and has been made an accused in this case merely on the basis of confessional statement of co-accused persons who

Patna High Court CR. MISC. No.20870 of 2025(3) dt.25-04-2025 2/2 were apprehended at the spot. No incriminating article has been recovered from conscious possession of this petitioner. Except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged occurrence. Charge-sheet has already been submitted and petitioner is in custody since 17.12.2024.

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

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran, Chapra in connection with Taraiya P.S. Case No. 462 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T