Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24181 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== Shailendra Kumar S/O Lakhan Yadav R/O Village- Chilaungiya, P.S.- Kadirganj, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Deepak Kumar, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 111(2)(b), 111(3) and 111(4) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 2583 litres illicit liquor was recovered from different vehicles.

4. It is submitted by learned 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. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely on suspicion. Charges have already been

Patna High Court CR. MISC. No.24181 of 2025(3) dt.29-08-2025 2/2 framed against this petitioner vide order dated 17.06.2025 and he is in custody since 18.03.2025.

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

7. Accordingly, let the above named petitioner be enlarged 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 Exclusive Special Excise Court-I, Nawada in connection with Kadirganj P.S. Case No. 273 of 2024.

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