Patna High CourtCR. MISC./2473/2026bail granted

Chhotu Kumar @ Shri Chhotu Mahto v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2473 of 2026 Arising Out of PS. Case No.-130 Year-2025 Thana- ANGARGHAT District- Samastipur ====================================================== Chhotu Kumar @ Shri Chhotu Mahto S/O Late Mahesh Mahto R/O VillageImlighat Ullobara, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Angarghat P.S. Case No. 130 of 2025, instituted for the offences punishable under Sections 274, 275 and 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 56 liters of country made liquor was recovered from motorcycle. Petitioner was arrested on the 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.2473 of 2026(2) dt.19-01-2026 2/2 no concern with the alleged recovery of liquor. He further submits that neither the alleged seized country made liquor nor the motorcycle has any concern with the petitioner. The petitioner is in custody since 21.11.2025 and has got no criminal antecedent. 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 on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Angarghat P.S. Case No. 130 of 2025.

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