Shivam Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24374 of 2025 Arising Out of PS. Case No.-484 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== Shivam Raj, Male, aged about 25 years, S/o Ramesh Pandit, R/o - Chandheri, P.S - Sabour, Dsitrict - Bhagalpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-05-2025 Heard Mr. Vinay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pirpainti P.S. Case No. 484 of 2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 90 litres of illicit liquor was recovered from two sacks at Jagdishpur More, where a motorcycle bearing Registration No. BR-10AM-6440 was parked, belonging to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in the present case because recovery of illicit liquor was made near the

Patna High Court CR. MISC. No.24374 of 2025(2) dt.02-05-2025 2/3 motorcycle which was parked by the petitioner near the road. Petitioner has no connection with the alleged seized liquor. The recovery of illicit liquor has been made from an open space, which is easily accessible by anyone. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR and also the fact that recovery of illicit liquor has not been made from the motorcycle of the petitioner rather the same has been made from an open space, which is easily accessible by any one, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 12-cum-Special Excise Judge-2, Bhagalpur / Concerned Court in connection with Pirpainti P.S. Case No. 484 of 2024, subject to the conditions as laid down under Section 482(2) of the

Patna High Court CR. MISC. No.24374 of 2025(2) dt.02-05-2025 3/3 BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T