Shiv Shankar Kumar @ Tunnu Rishidev @ Shiv Shankar Rishidev @ Tinnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56585 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== Shiv Shankar Kumar @ Tunnu Rishidev @ Shiv Shankar Rishidev @ Tinnu, Son Of Bindeshwari Rishidev Resident Of Village- Noniya Patti, P.SNaugachia, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 20 litres of liquor kept beside the washroom of Siddhartha Rishidev's house.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information because of his

Patna High Court CR. MISC. No.56585 of 2022(2) dt.04-11-2022 2/2 antecedent. It is also submitted that the alleged recovery is from a place which does not belong to the petitioner. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Naugachia P. S. Case No.312 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T