Patna High CourtCR. MISC./733/2025bail granted

Shambhu Kumar v. The State Of Bihar

2025-01-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.733 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Shambhu Kumar S/o Late Laxmikant @ Lakshmi Kant Ghosh @ Late L.K.Ghosh R/o Mohalla- Bhikhna Pahadi, Khatal Gali, Saidpur, P.S.- Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyam Anand, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pirabhor P.S. Case No. 75 of 2024, instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 205 liters liquor was recovered from E-rickshaw and the petitioner was apprehended 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 has got

Patna High Court CR. MISC. No.733 of 2025(2) dt.18-01-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is owner and driver of the said E-rickshaw in question. The said vehicle is used for commercial purpose and he had no knowledge regarding the goods being loaded in his vehicle. The petitioner is in custody since 10.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pirabhor P.S. Case No. 75 of 2024.

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