Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35730 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- BADHAILA District- Rohtas ====================================================== Chandan Kumar S/o- Rohit Paswan @ Rohit Ram Resident of VillageKushdhar Tola, P.S.- Baghaila, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.13, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the seizure list would go to show that total 36 liters of country made Mahua liquor is said to have been recovered from the courtyard of the house of the petitioner and the petitioner was arrested from outside the house.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. The house from which the seizure has been made is a joint family property. The house of the
Patna High Court CR. MISC. No.35730 of 2025(2) dt.28-05-2025 2/2 petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the courtyard, hence no liability can be fixed on the petitioner. There is violation of the mandatory provisions of the search and seizure as there is no independent witness to the seizure list. Petitioner has no criminal antecedent and has been languishing in custody since 04.04.2025.
5. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Baghaila P.S. Case No. 68 of 2025.
(Soni Shrivastava, J) Trivedi/- U T