Shiv Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81727 of 2025 Arising Out of PS. Case No.-529 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Shiv Das Son of Late Ramashray Das Resident of Village - Bara Bariyarpur, P.S. - Chhatauni, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Adv For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chhatauni P.S. Case No. 529 of 2025, instituted for the offences punishable under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters of country made liquor was recovered from Rickshaw.

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 has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.81727 of 2025(2) dt.21-11-2025 2/2 for the petitioner submits the name of the petitioner has transpired as being owner of the seized Rickshaw, and he has no knowledge regarding the nature of goods kept in the Rickshaw. The petitioner is in custody since 06.09.2025 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, clean antecedent of the petitioner 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 Chhatauni P.S. Case No. 529 of 2025.

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