Allowed

Shivendra @ Shivendra Kishore @ Shivendra Kumar v. The State of Bihar

Patna HC8 May 2025CR. MISC./9694/2025

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner, proprietor of U.S. Automobile, in a liquor seizure case. The court directed release within four weeks upon furnishing a bond and two sureties subject to statutory conditions.

What did the court decide?

Anticipatory bail granted subject to furnishing bail bond of Rs. 10,000 and two sureties, with appearance before the trial court within four weeks.

Shivendra @ Shivendra Kishore @ Shivendra Kumar Vs The State… — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9694 of 2025

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Arising Out of PS. Case No.-274 Year-2024 Thana- BARAUNI District- Begusarai

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

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Shivendra @ Shivendra Kishore @ Shivendra Kumar S/o Late Chandra Kishore Ray R/o Vill.- Pipra Devas, P.S.- Barauni, Distt.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Shubhesh Pandey, Advocate For the Opposite Party/s : Dr. Indiwar Kumari,APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 08-05-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest in connection with Barauni P.S. Case no.274 of 2024 registered under sections 30(a), 32(2), 32(3), 33, 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act, 2022.

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As per the prosecution case, 4500 liters of ethnol was recovered from the premises of U.S. Automobile, Mahindra Service Centre behind Arya Petrol Pump.

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Learned counsel for the petitioner submits that the petitioner is the proprietor of U.S. Automobile, Mahindra Service Centre and as a matter of fact he has no concern with seized ethnol. It is apparent from the F.I.R as also the seizure list that during investigation no concrete evidence was found to

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Patna High Court CR. MISC. No.9694 of 2025(3) dt.08-05-2025 2/3

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connect the petitioner in the said offence and he has no concern with the Arya Petrol Pump. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The name of the petitioner has come only on suspicion. Learned counsel for the petitioner further submits that another case arising out of same transaction has been filed under Section 7 of the E.C. Act and Section 23 of the Petroleum Act in Barauni P.S. Case No. 275 of 2024 in which petitioner has not been granted privilege of anticipatory bail by the learned Court below itself. The petitioner undertakes to cooperate in the case/trial.

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The application for anticipatory bail is opposed by learned A.P.P. for the State.

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In view of the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barauni P.S. Case no.274 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Begusarai, subject to the

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Patna High Court CR. MISC. No.9694 of 2025(3) dt.08-05-2025 3/3

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condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

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(Soni Shrivastava, J)

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Harsh/-

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U T

Shivendra @ Shivendra Kishore @ Shivendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivendra @ Shivendra Kishore @ Shivendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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