Shubham Kumar @ Babua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62015 of 2025 Arising Out of PS. Case No.-782 Year-2025 Thana- SONEPUR District- Saran ====================================================== Shubham Kumar @ Babua S/o- Rinku Kumar Singh @ Rinku Kumar VillageBharpura Ps- Sonepur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sonepur P.S. Case No. 782 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, police received information about petitioner keeping illicit liquor in his house for selling it. A raid was conducted at the identified place and recovery of 18.21 liters of foreign liquor was made from the house of the petitioner, who was apprehended from the spot.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.62015 of 2025(2) dt.22-09-2025 2/3 conscious possession of the petitioner and recovery has been made from a joint house belonging to the petitioner and other family members including father, uncle and cousins of the petitioner. The petitioner is in custody since 09.08.2025. The petitioner is having antecedent of one case in which he is on bail and that case is not under the Excise Act.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that recovery has been shown from a joint house and also considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 782 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.62015 of 2025(2) dt.22-09-2025 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T