Patna High CourtCR. MISC./25850/2025bail granted

Mangan Choudhary v. The State Of Bihar

2025-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25850 of 2025 Arising Out of PS. Case No.-986 Year-2024 Thana- EXCISE KAHALGAON DistrictBhagalpur ====================================================== Mangan Choudhary S/o Siyaram Choudhary R/o village - Nawada Oriya, ward no. -3 @ Nawada Oriup, ward no. -3, P.S. - Antichak, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Kahalgaon) P.S. Case No. 986 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 79.25 litres of liquor has been recovered from jute sack near Lakshmipur Bhorang Railway Halt.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.25850 of 2025(2) dt.24-04-2025 2/2 from an open place accessible to local public. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 20.12.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 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 Excise (Kahalgaon) P.S. Case No. 986 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T