Chhotu Kumar @ Chhotu Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6815 of 2025 Arising Out of PS. Case No.-759 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== 1.

Chhotu Kumar @ Chhotu Kumar Patel, aged about 20 years, S/o- Mithilesh Patel @ Mithlesh Kumar @ Mithilesh Kumar 2.

Deepak Patel @ Dipak Patel @ Dipak Kumar, aged about 38 years, Gender, Male, S/o- Swami Nath Patel @ Swami Nath Prasad Both are Resident of Village - Pachlakhi, P.S. - Nautan, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard Mr. Bijay Prakash Singh, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Siwan Excise P.S. Case No. 759 of 2024 registered for the offence(s) punishable under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, altogether 48 litres of illicit liquor was recovered from two sacks, which were tied on two motorcycles.

Patna High Court CR. MISC. No.6815 of 2025(2) dt.07-03-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that petitioners are neither the owner of the said motorcycle, nor they have any connection with the seized liquor. Petitioners have clean antecedents.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II, Siwan in connection with Siwan Excise P.S. Case No. 759 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will

Patna High Court CR. MISC. No.6815 of 2025(2) dt.07-03-2025 3/3 automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T