Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27398 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- MAJORGANJ District- Sitamarhi ====================================================== Chhotu Kumar S/O Parmeshwar Mahto R/O Village- Harikesh, P.S- Sahiyara, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Majorganj P.S. Case No.85 of 2026 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act and under Section 317(5) of the BNS.
3. The case of the prosecution, in short, is that 126 liters of illicit Nepali liquor was recovered from the possession of the petitioner.
4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section
Patna High Court CR. MISC. No.27398 of 2026(2) dt.23-04-2026 2/2 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 03.03.2026.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court-I, Sitamarhi, in connection with Majorganj P.S. Case No.85 of 2026.
(Ashok Kumar Pandey, J) durgesh/- U T