Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53345 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Shankar Kumar S/o Suresh Yadav, R/o Village- Dumarichatti, P.S- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No.02 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1000 liter country made mahua liquor was recovered from Scorpio vehicle bearing Registration No. WB 20H 7030 during the vehicle checking at N.H.82. The allegation against the petitioner and other coaccused persons is that they fled away from the place of occurrence leaving the vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is neither owner nor driver of the vehicle in question and he has no concern with the alleged recovery of liquor. Learned counsel submits that

Patna High Court CR. MISC. No.53345 of 2025(2) dt.18-08-2025 2/2 petitioner has been implicated in this case only on the basis of suspicion. He further submits that similarly situated co-accused persons has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 25.06.2025 passed in Cr. Misc. No.38884 of 2025. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No.05, Gaya in connection with Wazirganj P.S. Case No.02 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T