Patna High CourtCR. MISC./35070/2025bail granted

Shiwanandan Kunwar @ Shivnand Kumar @ Shiwam Kumar @ Shivanandan Kumar @ Shiwanand Kunwar v. The State Of Bihar

2025-06-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35070 of 2025 Arising Out of PS. Case No.-775 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Shiwanandan Kunwar @ Shivnand Kumar @ Shiwam Kumar @ Shivanandan Kumar @ Shiwanand Kunwar S/O Tuntun @ Ajay Kumar Resident Of Village- Sonvarsha, Ps- Bihpur, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihpur P.S. Case No. 775 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 100.5 liters liquor was recovered from the house of co-accused, namely, Indradeo Kunwar.

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

Patna High Court CR. MISC. No.35070 of 2025(2) dt.20-06-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the place of recovery does not belong to the petitioner. The petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Indradeo Kunwar and the same has got no evidentiary value. The petitioner is in custody since 20.02.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 17.02.2025 passed in Cr. Misc. No. 8571 of 2024. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihpur P.S. Case No.

Patna High Court CR. MISC. No.35070 of 2025(2) dt.20-06-2025 3/3 775 of 2023.

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