Patna High CourtCR. MISC./29907/2025bail granted

Sivan Kumar @ Shiwan Kumar v. The State Of Bihar

2025-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29907 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Sivan Kumar @ Shiwan Kumar S/O Mukesh Rajwanshi @ Mukesh Ram Resident of Village- Ramdev Mor, Police Station- Akbarpur, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kshem Sharma, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. case No. 39 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 167.5 liters liquor was recovered from two motorcycles. The petitioners were arrested on spot.

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

Patna High Court CR. MISC. No.29907 of 2025(2) dt.07-05-2025 2/2 further submitted that the name of the petitioner has transpired on the basis of secret information received by police. The petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 21.01.2025 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 Excise P.S. case No. 39 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T