Shivam Kumar Rai @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54672 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- GORAUL District- Vaishali ====================================================== 1.

Shivam Kumar Rai @ Shivam Kumar Son of Bindeshwar Rai VillageInayatnagar, P.S- Goraul, Dist- Vaishali 2.

Ravi Ranjan Kumar son of Sanjay Rai Village- Inayatnagar, P.S- Goraul, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjum Perveen, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Goraul PS Case No. 339 of 2025 instituted for the offences under Sections 30(a), 32(ii) & 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 372.375 liters foreign liquor was recovered from pickup van. 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.54672 of 2025(2) dt.13-08-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted petitioner No.2 is the driver of the vehicle in question, whereas petitioner No.1 was allegedly sitting in the vehicle and they were oblivious of the fact that illicit liquor was laden in the vehicle. The petitioners are in custody since 16-06-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goraul PS Case No. 339 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T