Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62233 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Shyam Kumar S/o Mundarik Yadav @ Munarika Yadav R/o Village - Karhta, P.S - Paraiya, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bodh Gaya P.S. Case No. 158 of 2024 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. The petitioner is named accused in the F.I.R and in custody since 09.06.2025.

4. The allegation against the petitioner is to have in possession of 1.125 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that as per seizure list, recovery of illicit liquor was made from the house of co-accused Pappu Kumar @ Rifle and on the basis of suspicion the name of petitioner transpired in the

Patna High Court CR. MISC. No.62233 of 2025(2) dt.19-09-2025 2/2 present case.

6. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted, and as such there is no chance of tampering with the evidence and moreover, petitioner found involved in one more criminal case wherein he is on bail.

7. Learned APP appearing on behalf of the State, opposes the prayer for bail.

8. In view of the aforesaid factual submission as the recovery of illicit liquor from conscious physical possession of the petitioner appears prima-facie doubtful coupled with the fact that petitioner is in custody since 09.06.2025, where investigation of this case is already completed, accordingly, petitioner, above named, is directed to be released on bail in connection with Bodh Gaya P.S. Case No. 158 of 2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court No.1, Gaya Jee/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Rajeev/- U T