Shankar @ Shadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61938 of 2025 Arising Out of PS. Case No.-347 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Shankar @ Shadhu S/O Riksi Ray R/O Village- New Village, P.S- Pirbahor, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Pirbahore Police Station Case No. 347 of 2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 03.05.2025, the informant received secret information that illicit liquor was being unloaded from a ship near Sri Krishna Ghat which has been brought for sale. Acting on this information, the police party proceeded towards the place of occurrence and saw that one person carrying a white plastic bag on his head, accompanied by two

Patna High Court CR. MISC. No.61938 of 2025(2) dt.24-09-2025 2/3 others. On seeing the police party, all three attempted to flee away. However, on chase, one person was apprehended while the other two managed to escape. The apprehended person disclosed his name and also revealed the names of the petitioner and co-accused persons who had escaped. Upon search of the plastic bag, total 17.625 litres of liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. Learned counsel further submits that the name of the petitioner has surfaced in this case on the disclosure made by arrested co-accused, namely, Md. Raju. Learned counsel next submits that nothing has been recovered from the conscious possession or vehicle of the petitioner. Petitioner is having no criminal antecedent.

5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that nothing has been recovered from the conscious possession or vehicle of the petitioner and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of

Patna High Court CR. MISC. No.61938 of 2025(2) dt.24-09-2025 3/3 his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-2, Patna, in connection with Pirbahore Police Station Case No. 347 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

(Anil Kumar Sinha, J) Siwani/- U T