Shailesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28835 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== SHAILESH KUMAR S/O RAM SURAT RAY R/o vill - Pahaleja Balli Tola, P.s.- Sonepur, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Singh For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Pahaleja P.S. Case No. 01/2025 dated 10.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 4942.080 litres of illicit foreign liquor was recovered from the truck. Further, a motorcycle was also recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.28835 of 2025(4) dt.30-08-2025 2/3 implicated in this case. The petitioner is neither the owner nor the driver of the said vehicles. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R, the name of the petitioner has sprung up in the self-confessional statement of the co-accused Rajesh Kumar. The petitioner has no concern with the alleged recovery. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Pahaleja P.S. Case No. 01/2025 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.28835 of 2025(4) dt.30-08-2025 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T