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Shanu Kumar @ Shanu Kr. Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Shanu Kumar @ Shanu Kr. Vs The State of BiharShanu Kumar @ Shanu Kr. v. The State of Bihar

Allowed¶19

Shanu Kumar @ Shanu Kr. v. The State of Bihar

Patna HC18 Aug 2025CR. MISC./52309/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; apprehension of arrest; Section 30(a) Bihar Prohibition and Excise Act; Section 482(2) Bharatiya Nagrik Suraksha Sanhita 2023; recovery of 18.750 litre IMFL; motorcycle owner; co-accused Mukesh Kumar; Lodipur P.S. Case No.153 of 2021; Bhagalpur; Additional Sessions Judge IX; bail bond Rs.10,000/- with two sureties; Patna High Court CR. MISC. No.52309 of 2025; decided 18-08-2025; Justice Sunil Dutta Mishra; petitioner Shanu Kumar @ Shanu Kr.; counsel Praveen Kumar; APP Ram Sevak Choudhary.

What did the court decide?

Anticipatory bail: release on bail upon arrest or surrender within six weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 conditions.

Why is it important?

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. ¶19

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest or surrender within six weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Lodipur P.S. Case No.153 of 2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Sunil Dutta Mishra, J.) allowed the petition of Shanu Kumar @ Shanu Kr., who apprehended arrest in Lodipur P.S. Case No.153 of 2021 under Section 30(a) of the Bihar Prohibition and Excise Act, arising from alleged recovery of 18.750 litres of Indian made foreign liquor from the petitioner's motorcycle driven by co-accused Mukesh Kumar. Counsel for the petitioner urged that he was a falsely implicated owner unaware of the co-accused's design, that nothing incriminating was recovered from his conscious possession, and that he had clean antecedents; the learned APP opposed. Held: in the event of arrest or surrender within six weeks, the petitioner to be released on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to the conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52309 of 2025

Arising Out of PS. Case No.-153 Year-2021 Thana- LODIPUR District- Bhagalpur

======================================================

Shanu Kumar @ Shanu Kr. Son of Manoj Kumar Tanti, Resident of Mohalla - Laluchak Bhatta, Police Station - Ishakchak, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 18-08-2025

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in connection

with Lodipur P.S. Case No.153 of 2021 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, there is recovery of 18.750 liter Indian made foreign liquor from the motorcycle of the petitioner which was driven by the co-accused Mukesh Kumar.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. He further submits that the apprehended co-accused Mukesh Kumar has taken the motorcycle of petitioner on the pretext that his father needs immediate medication and has to be taken to doctor for

Patna High Court CR. MISC. No.52309 of 2025(2) dt.18-08-2025 2/2

his treatment. Learned counsel submits that the petitioner was not aware of the evil designs of co-accused Mukesh Kumar. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel submits that petitioner has clean criminal antecedent and he undertakes to cooperate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur in connection with Lodipur P.S. Case No.153 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, who apprehends arrest in connection with Lodipur P.S. Case No.153 of 2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.¶12
The court held
Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Bhagalpur, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.ratio¶19

Statutes considered

2 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶13
Bharatiya Nagrik Suraksha Sanhita, 2023482(2)¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Matter arises out of Lodipur P.S. Case No.153 of 2021, Thana Lodipur, District Bhagalpur.¶2
Prior proceeding
The police case was instituted under Section 30(a) of the Bihar Prohibition and Excise Act.¶13
Prior proceeding
Prosecution case: recovery of 18.750 litres of Indian made foreign liquor from the petitioner's motorcycle, which was driven by co-accused Mukesh Kumar.¶14

Parties & counsel

AI extract

petitioner
Shanu Kumar @ Shanu Kr.¶4
Praveen Kumar
respondent
The State of Bihar¶7
Ram Sevak Choudhary

Coram

AI extract

Sunil Dutta Mishraauthor¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 18 Aug 2025 · August
Registered: 25 Jul 2025
Case no.: CR. MISC./52309/2025
CNR: BRHC010647292025
Bench: Sunil Dutta Mishra
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Shanu Kumar @ Shanu Kr. v. The State of Bihar, CR. MISC./52309/2025 (PAT), decided on 18 August 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bihar Prohibition and Excise Act30(a)
Bharatiya Nagrik Suraksha Sanhita, 2023482(2)

View all statutes

Procedural history3

Matter arises out of Lodipur P.S. Case No.153 of 2021, Thana Lodipur, District Bhagalpur.
The police case was instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

View full history

Bench / Coram

Sunil Dutta Mishra

Parties & counsel