Bullet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13652 of 2025 Arising Out of PS. Case No.-445 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Bullet Kumar S/O Rajbansi Chaudhary @ Rajvashi Chaudhari R/O VillageTiwari Tola Bairiya, P.S- Bairiya, Distt- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raki Alam, Adv.
For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 445 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 68.400 liters of illicit foreign liquor from the motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The name of
Patna High Court CR. MISC. No.13652 of 2025(2) dt.28-02-2025 2/3 the petitioner has surfaced in this case on the basis of the disclosures of the spy. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents and is languishing in judicial custody since 27.01.2025 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused have already been granted bail by this Court vide orders dated 19.02.2025 and 25.02.2025 passed in Cr. Misc. Nos. 8903 of 2025 and 12701 of 2025 respectively.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairiya P.S. Case No. 445 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family
Patna High Court CR. MISC. No.13652 of 2025(2) dt.28-02-2025 3/3 members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T