Patna High CourtCR. MISC./38506/2025bail granted

Lav Kush Kumar @ Lavkush Sharma v. The State Of Bihar

2025-06-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38506 of 2025 Arising Out of PS. Case No.-1290 Year-2018 Thana- BIHTA District- Patna ====================================================== Lav Kush Kumar @ Lavkush Sharma S/O- Late Binod Singh @ Binod Sharma Resident of Village- Ijratta, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 1290 of 2018 dated 18.11.2018 corresponding to Special Excise Case No. 10991 of 2018 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 72.750 litres of illicit foreign liquor was recovered from a Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the said recovery of 72.750

Patna High Court CR. MISC. No.38506 of 2025(2) dt.23-06-2025 2/2 litres of foreign liquor is said to have been recovered from a car. The petitioner has no concern with the alleged recovery. The seized car does not belong to the petitioner and the name of the petitioner has come in this case on the basis of confessional statement of co-accused. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur in connection with Bihta P.S. Case No. 1290 of 2018.

7. The application stands allowed.

(Chandra Prakash Singh, J) Sudhanshu/- U T