Aasit Kumar Chakarwarti @ Asit Kumar Chakraverty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20873 of 2025 Arising Out of PS. Case No.-1607 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Aasit Kumar Chakarwarti @ Asit Kumar Chakraverty Son of Late gopal Chandra Resident of Dumaria Bhatta, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nihal Beg For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Excise P.S. Case No. 1607 of 2023 registered for the offences punishable under Section 30(a), 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2.225 litres of country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that out of acquaintance and

Patna High Court CR. MISC. No.20873 of 2025(2) dt.23-04-2025 2/3 personal relation the petitioner provided his motorcycle bearing registration no. BR 37 L 3725 to his friend namely Prabhat Kumar Gupta, who without the knowledge of this petitioner used aforesaid motorcycle for carrying of illicit liquor. It is submitted that recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of the fact as, recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise II,

Patna High Court CR. MISC. No.20873 of 2025(2) dt.23-04-2025 3/3 Kishanganj /concerned Court, where the case is pending in connection with Excise P.S. Case No. 1607 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T