Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30003 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- KHIRI MORE District- Patna ====================================================== Shankar Kumar S/o Rajesh Saw R/o Village- South Bari Mathiya Karpi, P.S.- Karpi, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad, Advocate For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Khiri More P.S. case No. 47 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 41.4 liters liquor was recovered from car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.30003 of 2025(2) dt.08-05-2025 2/2 on the basis of disclosure made by apprehended co-accused. The vehicle in question does not belong to the petitioner. The petitioner is in custody since 29.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khiri More P.S. case No. 47 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T