Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 65027 of 2021 Arising Out of PS. Case No.-345 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== SHUBHAM KUMAR S/o Shankar Dayal @ Shankar Dayal Sharma Resident of Mohalla- NH-21 (T), Near B.S.N.L. Tower Dhurba, P.S.- Dhurba, DistrictRanchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Special Case No 5752 of 2021 arising out of Parsa Bazar Police Station (for brevity, PS) Case No 345 of 2021 instituted for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

207 liters of illicit foreign liquor has allegedly been recovered from the petitioner's Tata Nexon vehicle which he was driving.

Learned counsel for the petitioner submits that oblivious of the illegal contents, the petitioner had taken over

Patna High Court CR. MISC. No.65027 of 2021(2) dt.15-04-2022 2/3 driving of the vehicle, from his driver shortly before the vehicle was seized. He has no concern with the illicit liquor and has become the victim of the circumstances. He is stated to be in custody since 15.09.2021.

The learned APP has opposed the prayer for bail. Considering the rival submissions, defence raised by the petitioner and period of custody, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in Special Case No 5752 of 2021 arising out of Parsa Bazar PS Case No 345 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.65027 of 2021(2) dt.15-04-2022 3/3 bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T