Shiv Shankar Kumar @ Tipan Yadav @ Timal Kumar Yadav @ Timta Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29339 of 2026
                        Arising Out of PS. Case No.-34 Year-2026 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Shiv Shankar Kumar @ Tipan Yadav @ Timal Kumar Yadav @ Timta Kumar
                 Yadav S/o Umesh Singh Resident of Village- Bhairo Tola Khangaon, PS-
                 Chandi, Distt.- Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Ataul Haque
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   07-05-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Chandi Police Station Case No. 34 of 2026,

                   disclosing offences under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                   3. The prosecution case is that during evening

                   patrolling, the informant received secret information regarding

                   transportation of English liquor on a motorcycle towards village

                   Bhairo Tola. Acting on the information, the police party

                   proceeded to the spot, whereupon the accused allegedly fled

                   away after abandoning the motorcycle. Upon search, the police

                   recovered 40.5 litres of English liquor. During local enquiry, the
Patna High Court CR. MISC. No.29339 of 2026(2) dt.07-05-2026
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          petitioner’s name was allegedly disclosed by villagers and the

          local chowkidar, leading to registration of the present FIR

          against him.

                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present case merely on the basis of suspicion. No incriminating

          article has been recovered from the conscious possession of the

          petitioner and the alleged seized articles are not connected with

          him. It is further submitted that the motorcycle allegedly used in

          the occurrence does not belong to the petitioner. Petitioner’s

          name transpired merely on the disclosure of his name by

          chowkidar and local people.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          petitioner is not the owner of the alleged seized motorcycle and

          he has been made accused merely on the basis of disclosure of

          his name made by chowkidar and local people, I am inclined to

          grant the petitioner privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.
           Patna High Court CR. MISC. No.29339 of 2026(2) dt.07-05-2026
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                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Exclusive Special Excise

                     Court No. 1st, Bhojpur at Ara, in connection with Chandi Police

                     Station Case No. 34 of 2026, subject to the condition laid down

                     under      Section      438     (2)     of    the    Code   of   Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T