Shankar Dayal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34627 of 2025 Arising Out of PS. Case No.-943 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Shankar Dayal S/o Sanjay Sharma R/o Village- Petarhi/Pethari, P.S.- Jamhore, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 943 of 2024, GR No. 1641 of 2024 instituted for the offences punishable under Sections 30(a), 30(c), 30(d), 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 266 litres of liquor was recovered from bushes near pond beside Sun Temple.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.34627 of 2025(2) dt.25-06-2025 2/2 that petitioner has no knowledge and concern with the alleged recovery. Learned counsel further submitted that the alleged recovery has been made from open place which is accessible to local people. The petitioner has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory 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. 943 of 2024, GR No. 1641 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T