Shyamdev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53181 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Maghopur District- Gopalganj ====================================================== 1.
Shyamdev Kumar Son of Banarsi Chaudhary @ Banarsi Pasi Residence of Village - Dumari, P.S.- Jamobazar, Distt.- Siwan 2.
Raju Kumar Son of Banarsi Chaudhary @ Banarsi Pasi Residence of Village - Dumari, P.S.- Jamobazar, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 50 litres of country made liquor was recovered near a bridge.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an
Patna High Court CR. MISC. No.53181 of 2025(2) dt.07-08-2025 2/2 open place, which is accessible to one and all. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioners and clean antecedents, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-XIII-cum-Special Judge, Excise Court No. 2, Gopalganj in connection with Madhopur P.S. Case No. 20 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) Neha/- U T