Patna High CourtCR. MISC./30034/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-05-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30034 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Kumar Son of Late Gulzar Singh Village- Karanpura, Ps- Ganga Bridge, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shabina Talat, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bidupur PS Case No. 51 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that 960 liters country made liquor was recovered from Tata magic vehicle

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 submitted

Patna High Court CR. MISC. No.30034 of 2025(2) dt.08-05-2025 2/2 that the petitioner is not the owner of the alleged vehicles. The petitioner is in custody since 21.01.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. He further submits that co-accused Guddu Kumar has already been granted by this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 28406 of 2025.

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, the period of custody undergone by the petitioner and the prayer for bail based on parity, 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 Bidupur PS Case No. 51 of 2025.

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