Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21684 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Chhotu Kumar Son of Dulran Rai @ Late Dulran Rai Resident of Village - Naya Tola, Raghopur, P.S.- Bakhtiyarpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Athmalgola P.S. case No. 76 of 2025 instituted for the offences under Section 317(5) of Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters liquor was recovered from motorcycle.

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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.21684 of 2025(2) dt.08-04-2025 2/2 further submitted that the motorcycle in question does not belong to the petitioner. The petitioner was not driving the said motorcycle. It is also submitted that the motorcycle was given by other accused namely Hari Shankar Rai. The petitioner was passersby of the way. The petitioner is in custody since 03.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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, clean antecedent 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S. case No. 76 of 2025.

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