Shivam Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35219 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Shivam Kumar Sah S/o Late Jitendar Sah, Resident of Village- Narahiya, P.S.- Narahiya, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Advocate.

For the Opposite Party/s :

Mrs. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Andhramath P.S. Case No.44 of 2025 corresponding to G.R. No.141 of 2025 for the offences registered under Sections 274, 275, 317(5) of the B.N.S., 2023, Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act and under Section 78 of J.J. Act.

3. As per the prosecution case, there is recovery of total 441 liter liquor from four motorcycles. It is alleged that 108 liter liquor has been recovered from the Hero Glamour motorcycle bearing Chassis No. MBLJAW429RC00953 which belongs to petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.35219 of 2025(3) dt.06-08-2025 2/2 He further submits that petitioner is not the owner of the seized vehicle and he has no concern with the recovered liquor. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner is a student aged about 21 years, who is in custody since 07.03.2025 having clean antecedent. Learned counsel submits that charge sheet has already been submitted and the petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge II cum Special Judge, Excise Act, Jhanjharpur, District Madhubani/ concerned Court in connection with Andhramath P.S. Case No.44 of 2025 corresponding to G.R. No.141 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T