Patna High CourtCR. MISC./82291/2025bail granted

Shivam Kumar v. The State Of Bihar

2025-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82291 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Shivam Kumar S/o- Braj Kishor Sah Res of Village- Bhaddi Ward no 13, Jamraha PS-Saharsa District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Adv For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with K. Nagar P.S. Case No. 218 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 155.94 liters of foreign liquor was recovered from Tata Magic Vehicle. Petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.82291 of 2025(2) dt.02-12-2025 2/2 has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the alleged vehicle does not belong to the petitioner. It is also submitted that petitioner's name has transpired only on the basis of suspicion. The petitioner is in custody since 12.09.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar P.S. Case No. 218 of 2025.

(Rudra Prakash Mishra, J) krishnakant/- U T