Shankar Kumar Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30111 of 2025 Arising Out of PS. Case No.-1079 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Shankar Kumar Sahu S/o Parmeshwar Saw @ Prameshwar Saw R/o Vill.- Palmarua, P.S.- Tisari, P.O.- Chandauri, Distt.- Giridih (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Jay For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jamui Police Station Case No. 1079 of 2024, dated 07.10.2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that the police during patrolling and vehicle checking saw a green and yellow coloured Bajaj CNG Auto coming from Mangobandar. When the police party tried to stop the auto, the driver started fleeing away and succeeded in it. Upon search, the police recovered total 20.250 liters of foreign illicit liquor from the tempo, bearing registration no. JH-10CQ-6397.
Patna High Court CR. MISC. No.30111 of 2025(2) dt.16-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said auto. He next submits that the auto, from where illicit liquor has been recovered, is a commercial vehicle and was being plied by the driver on rental basis, and the petitioner was not aware about illicit liquor being kept therein. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the auto, which was being plied by the driver on rental basis, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 learned Exclusive Excise Court-2, Jamui, in connection with Jamui Police Station Case No. 1079 of 2024, subject to the condition laid down
Patna High Court CR. MISC. No.30111 of 2025(2) dt.16-05-2025 3/3 under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T