Shudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57814 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Shudhanshu Kumar S/O Ramesh Sah @ Ratnesh Sah R/o- Bidupur, P.S.- Bidupur Blog, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 41 of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 28.80 litre illicit foreign liquor from Chevrolet Car bearing Registration No. BR-01BA-6786 and petitioner alongwith coaccused were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has no concern with the alleged seized liquor and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner is simply a passerby who was apprehended only on the basis of suspicion. He further submits

Patna High Court CR. MISC. No.57814 of 2025(3) dt.25-09-2025 2/2 that petitioner is neither owner nor driver of the seized vehicle. Learned counsel submits that similarly situated co-accused, namely, Dhiraj Kumar has been granted regular bail by the Coordinate Bench of this Court vide order dated 05.08.2025 passed in Cr. Misc. No.52780 of 2025. He further submits that petitioner is in custody since 18.06.2025, having one criminal antecedent of similar nature, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Barachatti P.S. Case No.219 of 2025.

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