IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38554 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Shiv Nandan Baitha @ Shiv Nandan Kumar S/o Late Raktu Baitha @ Late Raktu Baitha Baitha @ Late Ravindra Baitha @ Late Ravindra Rajak R/o village - Ramnagra, P.S. - Kanhauli, Dist. - Sitamarhi ... ... Petitioner/s Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kanhauli P.S. Case No. 47 of 2024, instituted for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, total 396 liters liquor was recovered from motorcycle and bush out of which 72 liters liquor was recovered from the motorcycle of co- accused, namely, Nitish Kumar. 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.38554 of 2025(2) dt.24-06-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the petitioner was neither present nor arrested on the spot. Name of the petitioner has transpired in this case on the basis of confessional statement made by co- accused, namely, Nitish Kumar and the same has got no evidentiary value. It is next submitted that the petitioner has got no concern with the alleged motorcycle in question. The petitioner is in custody since 19.05.2025 and has got twelve criminal antecedents in which he is on bail in nine cases and has been acquitted in one case. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 13.05.2024 passed in Cr. Misc. No. 36382 of 2024. 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 after framing of charge, if not already framed on furnishing bail bonds of Patna High Court CR. MISC. No.38554 of 2025(2) dt.24-06-2025 3/3 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 Kanhauli P.S. Case No. 47 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T