Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33364 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- SUPAUL District- Supaul ====================================================== SHANKAR KUMAR S/o LATE BRAHMDEV PRASAD SINGH R/o vill - Bisanpur, P.S. and Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Mr. Abhay 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 Misc Excise No. 529 of 2025 arising out of Supaul Excise P.S. Case No. 101 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, on getting secret information that three accused persons were expected to arrive with foreign liquor from West-Bengal to Supaul, police got alert and started vehicle checking at Simrahi market. One Tata Hexa was seen coming which was stopped by the members of raiding party. On search total

Patna High Court CR. MISC. No.33364 of 2025(2) dt.26-05-2025 2/3 93.75 liters of foreign liquor was recovered and all the three accused persons including the petitioner were arrested.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has no concern with the alleged recovery or with the vehicle is question. Seizure list is not prepared in accordance with law as both the seizure list witnesses are police officials. Moreover, he is languishing in judicial custody since 2.4.2025.

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 Judge, Excise Court No. 2, Supaul in connection with Misc Excise Case No. 529 of 2025 arising out of

Patna High Court CR. MISC. No.33364 of 2025(2) dt.26-05-2025 3/3 Supaul Excise P.S. Case No. 101 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 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