Chotu Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9139 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- AMAS District- Gaya ====================================================== 1.

Chotu Kumar @ Chhotu Kumar S/O Rampati Das @ Ramapati Das R/O Village- Purnadih, P.S- Amas, Dist.- Gaya 2.

Sujeet Kumar Chauhan S/O Late Ramavtar Chauhan R/O Village- Tetulmari, P.S- Tetulmari, Dist.- Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Amas PS Case No. 427 of 2024 instituted for the offences under Sections 30(a) and 30(e) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 134.25 litres of foreign liquor and 3000 kg of Mahua flower was recovered from Mahindra Bolero Pick-up.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.9139 of 2025(2) dt.20-02-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is driver and petitioner no. 2 is co-driver of the seized vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 27.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amas PS Case No. 427 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T