Shishu Kumar @ Niwas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46424 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- SAHJAHANPUR District- Patna ====================================================== Shishu Kumar @ Niwas Kumar S/O Nawal Kumar @ Nawal Prasad R/O Village- Singriyawan, P.S-Shahjahanpur, District- Patna, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Shahjahanpur PS Case No. 18 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 9.750 litres of foreign liquor was recovered from behind the house of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from behind the house of the petitioner
Patna High Court CR. MISC. No.46424 of 2025(2) dt.22-07-2025 2/2 which is an open place and accessible to one and all. It is further submitted that apprehended co-accused person disclosed the the name of the petitioner. The petitioner is in custody since 28.05.2025 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.
Learned A.P.P. 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on 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 Shahjahanpur PS Case No. 18 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T