Shivam Kumar @ C.M. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69009 of 2025 Arising Out of PS. Case No.-642 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shivam Kumar @ C.M. S/o Late Babu @ Lal Babu @ Late Lal Babu Chandrabansi, R/o Vill.- Narratan Bazar Mhajan Toli, P.S.- Sasaram, Dist.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate.

For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 51.340 litre illicit foreign liquor from the motorcycle bearing Registration No. BR-03L-9611 and petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was walking on the road after taking meal, in the meantime his friend called him for the help to put down the cartoons from the said motorcycle and he had no knowledge what was kept in the said cartoons. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.69009 of 2025(2) dt.24-09-2025 2/2 petitioner is neither owner of the seized motorcycle nor he has any concern with the alleged seized liquor. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is a young boy aged about 22 years who is in custody since 14.08.2025 and he has one criminal antecedent, which does not belongs to Excise Act and he is on bail in the said case. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

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 submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Sasaram (Town) P.S. Case No.642 of 2025.

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