Shiv Poojan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33391 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- TANKUPPA District- Gaya ====================================================== Shiv Poojan Kumar Son of Kamta Yadav Resident of Village- Belhanti, P.S.- Tankuppa in the District of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Tankuppa P.S. Case No. 58 of 2025 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of 150 litres country made liquor kept hidden in Dezire Car from Bhadan village. Four accused persons including the petitioner were apprehended by the police who were sitting inside the vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.33391 of 2025(2) dt.26-05-2025 2/3 committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery. Petitioner is not the registered owner of the vehicle in question. Moreover, he is languishing in judicial custody since 29.03.2025.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. -II, Gaya in connection with Tankuppa P.S. Case No. 58 of 2025 with following conditions:

(i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence

Patna High Court CR. MISC. No.33391 of 2025(2) dt.26-05-2025 3/3 on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court. (S. B. Pd. Singh, J) sushma/- U