Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57306 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Shivam Kumar, S/o Late Karu Rai, R/o - Shish Mahal Hamam Par, Diwan Mohalla, Dulli Ghat, P.S - Khajekala, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khajekalan P.S. Case No.48 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, on a secret information that the petitioner kept the illicit liqour in his barren land, police conducted raid and 12.700 litres of country made mahua liquor has been recovered from the barren land of petitioner which was packed in 127 plastic pouch containing 100 ml each. The petitioner fled away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from possession of the
Patna High Court CR. MISC. No.57306 of 2025(3) dt.17-09-2025 2/2 petitioner. Petitioner has no concern with the seized illicit liquor. The seized liquor has been recovered from the barren land which is open and easily accessible by anyone. The petitioner undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is a habitual offender involved in illicit liquor business having 09 criminal antecedents of similar nature. Thus, the petitioner does not deserve bail.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and criminal antecedent of petitioner of similar nature, this Court is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected.
(Sunil Dutta Mishra, J) khushbu/- U T