Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33369 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== 1.
Umesh Yadav @ Umashankar S/o- Bhuneshwar Yadav @ Bhuneshwar Prasad Yadav Resident of village- Bazawatari P.s. Rajauli District- Nawada 2.
Sintu Kumar S/o- Kameshwar Yadav Resident of village- Devipur P.s. Akbarpur District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33482 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Chandan Kumar Son of Krishna Yadav Resident of Village- Bazwatari, P.S.- Rajauli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 33369 of 2025) For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Pushpa Sinha (In CRIMINAL MISCELLANEOUS No. 33482 of 2025) For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Both the criminal miscellaneous applications have been arisen out of the same occurrence, so both being are heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.33369 of 2025(2) dt.26-05-2025 2/3
2. The petitioners have prayed for bail in connection with Akbarpur P.S. Case No. 169 of 2025 registered for the offence punishable under sections 30(a)/41 of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, four person on a motorcycle (without registration number) were coming from Pasiya tola to Lohsinghna with illicit wine and on seeing the police personnel, they started to flee but on chase they were arrested and 200 litres of country made liquor was recovered.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Seizure list is not prepared in accordance with law as there is no independent witness of the seizure list. They have been falsely implicated in this case due to high handedness of police. Moreover, they are languishing in judicial custody since 08.04.2025.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this
Patna High Court CR. MISC. No.33369 of 2025(2) dt.26-05-2025 3/3 court is inclined to enlarge the petitioners on bail after framing of charge. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Nawada in connection with Akbarpur P.S. Case No. 169 of 2025 with following conditions:
(i) One of the bailors should be close relative of the petitioners.
(ii) Petitioners shall co-operate in the trial and shall be present on each and every fixed date and on their absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court. (S. B. Pd. Singh, J) sushma/- U