Kedar Nath Chitranjan @ Kedar Dwidedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26485 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Kedar Nath Chitranjan @ Kedar Dwidedi Son of Late Sanjay Dwidedi Resident of Village - Madaripatti, Police Station - Kasya, District - Kushinagar, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gopalpur PS Case No. 33 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 272.52 liters liquor was recovered from motorcycle and car. It is alleged that 13.320 L is recovered from the motorcycle and 259.200 L is recovered from the car.

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

Patna High Court CR. MISC. No.26485 of 2025(2) dt.28-04-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern with the motorcycle and car in question. Police on extraneous consideration has implicated the petitioner. The petitioner is in custody since 02-02-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 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 of the petitioner 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 Gopalpur PS Case No. 33 of 2025.

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