Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82913 of 2025 Arising Out of PS. Case No.-343 Year-2021 Thana- MANSI District- Khagaria ====================================================== Shivam Kumar S/o- Bindeshwari Prasad Singh Resident of Shripur PSNaugachiya District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Mansi PS Case No. 343 of 2021 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. Earlier vide order dated 24.09.2025, passed in Cr. Misc. No. 64057 of 2025, anticipatory bail of the petitioner was rejected by a Coordinate Bench of this Court. 3.

The prosecution case, in short, is that 275.625 liters liquor was recovered from car.

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

Patna High Court CR. MISC. No.82913 of 2025(2) dt.03-12-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the vehicle in question. It is further submitted that name of the petitioner is disclosed by apprehended co-accused person. The petitioner is in custody since 17.10.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mansi PS Case No. 343 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T