Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32916 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- MASAUDHI District- Patna ====================================================== Shankar Kumar S/o Late Jaynarayan Sav R/o - Kareriya Khan, MohallaArawal Mor, P.S and Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Jiban Pd Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 30(a), 32of the Bihar Prohibition & Excise Act.
3. The FIR and seizure list would go to show that total 42 liters of country made mahua liquor was recovered from a bag which was being carried by a person on a motorcycle and the petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that as a matter of fact, the petitioner was only a passer-by and he is neither the driver nor the owner of the motorcycle and he has no concern with the said bag or the seized liquor. Learned counsel for the petitioner submits that there is no recovery from physical
Patna High Court CR. MISC. No.32916 of 2025(2) dt.26-05-2025 2/2 and conscious possession of the petitioner. Further witness to the seizure list are the raiding party members, who have made the petitioner an accused in the present case. The petitioner is in custody since 27.02.2025 without any criminal antecedent and the charge sheet has also been submitted.
5. The learned APP opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Masaurhi P.S. Case No. 177 of 2025.
(Soni Shrivastava, J) N.K/- U T