Patna High CourtCR. MISC./60495/2025allowed

Shivam Kumar @ Shiv Kumar v. The State Of Bihar

2025-10-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60495 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- Telta District- Katihar ====================================================== Shivam Kumar @ Shiv Kumar S/O Arun Singh @ Arun Kumar Singh Resident of Village- Iniyar, Ward NO. 11, P.S.- Lakho, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Telta P.S. Case No. 36 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 353.9 litres of Bengal made foreign liquor recovered from the Mahindra Bolero vehicle. Petitioner is alleged to be the driver of the seized vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the driver of the seized vehicle. He has no concern with the seized liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. He

Patna High Court CR. MISC. No.60495 of 2025(3) dt.09-10-2025 2/2 further submits that he had no knowledge about the seized liquor loaded in the vehicle. Petitioner is in jail custody since 05.08.2025, having one criminal antecedent of similar nature. Petitioner undertakes to cooperate in the investigation and trial of the case.

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 and the submissions of learned counsel for the parties, nature of allegation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No. 1, Katihar, in connection with Telta P.S. Case No. 36 of 2025.

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