Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24294 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== 1.

Shivam Kumar S/o- Devendra Mahto Village- Shambhupatti Ward No 30 P.S- Karpurigaram District-Samastipur 2.

Ashish Kumar S/o- Bindeshwar Mahto Village- Shambhupatti Ward No 30 P.S- Karpurigaram District-Samastipur 3.

Niraj Kumar @ Niraj Kumar Ram S/o- Ratan Ram Village- Shambhupatti Ward No 30 P.S- Karpurigaram District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 9.75 litres illicit liquor was recovered from the seized e-rickshaw bearing registration No. BR33PA6794.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with

Patna High Court CR. MISC. No.24294 of 2025(2) dt.01-05-2025 2/2 the alleged recovery. Petitioners are neither drivers nor owners of the vehicle in question and they have been made accused only on suspicion. Petitioners claim clean criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise-02, Samastipur in connection with Excise P. S. Case No. 63 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T