Shiv Kumar @ Shiv Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72829 of 2025 Arising Out of PS. Case No.-458 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Shiv Kumar @ Shiv Kumar Prasad S/o Late Jagdish Kahar R/o VillageAami, P.S.- Dighwara, District- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mili Kumari, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from the bank of river, altogether 480 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the same has been recovered from the bank of river. It is further contended that from perusal of the seizure
Patna High Court CR. MISC. No.72829 of 2025(2) dt.14-10-2025 2/2 list, it would transpire that all the seizure list witnesses are police personnel. Moreover, the petitioner is languishing in judicial custody since 04.08.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chapra Nagar P.S. Case No. 458 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Saran at Chapra. (Ashok Kumar Pandey, J) Jagdish/- U T