Chintu Rai @ Chintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29360 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Chintu Rai @ Chintu Kumar, S/o Nagdev Rai @ Nagdo Rai, R/o Village - Sukumarpur, P.S. - Raghopur, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Saket Tiwary, Advocate.
For the Opposite Party :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Raghopur P.S. Case No. 65 of 2025, dated 15.3.2025 registered for the offences punishable under Sections 274, 275, 317(5) of Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibtion and Excise (Amendmenbt) Act, 2022.
3. As per allegation, 350 litres of illicit liquor has been recovered from Ganga river side near Sukumarpur area. It is further alleged that 52 litres of illicit liquor was restored by the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that no recovery of illicit liquor has
Patna High Court CR. MISC. No.29360 of 2025(2) dt.15-05-2025 2/3 been made either from personal possession of the petitioner or from his house. The alleged recovery has been made from an open space accessible to public at large. He also submits that there is no cogent evidence against the petitioner and the whole case against the petitioner is based on suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Raghopur P.S. Case No. 65 of 2025 subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.29360 of 2025(2) dt.15-05-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T