Patna High CourtCR. MISC./68704/2025bail granted

Shiv Nath Kumar v. The State Of Bihar

2025-10-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68704 of 2025 Arising Out of PS. Case No.-549 Year-2024 Thana- MALSALAMI District- Patna ====================================================== SHIV NATH KUMAR S/o LATE NANHAK RAI R/o vill - Sukumarpur, P.S.- Raghopur, Distt.- Vaishali, at presently residing at Mohalla - Nuruddinganj, P.s.- Malsalami, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambuj Nayan Chaubey For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S. Case No. 549 of 2024 dated 01.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The name of the petitioner has sprung up on mere suspicion. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.68704 of 2025(2) dt.17-10-2025 2/2 possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City in connection with Malsalami P.S. Case No. 549 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T