Shiv Nandan Baitha @ Shiv Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36159 of 2025 Arising Out of PS. Case No.-113 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Shiv Nandan Baitha @ Shiv Nandan Kumar S/O Late Raktu Baitha@ Late Ravindra Baitha @ Late Ravindra Rajak R/O Village- Ramnagra, P.SKanhauli, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kanhauli P.S. Case No. 113 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered 612 liters of illicit Nepali liquor and 9 liters Nepali made foreign liquor from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. The name of the petitioner has transpired in this case on the basis of the confessional statement

Patna High Court CR. MISC. No.36159 of 2025(2) dt.16-06-2025 2/3 of the co-accused Suraj Kumar before the police which has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The alleged car does not belong to the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has twelve criminal antecedents and is languishing in judicial custody since 13.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has twelve criminal antecedents.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Kanhauli P.S. Case No. 113 of 2023, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family

Patna High Court CR. MISC. No.36159 of 2025(2) dt.16-06-2025 3/3 members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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