Chetak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35803 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Chetak Kumar S/O Rampravesh Singh @ Shatrudhan Singh R/O Vill.- Deokali, P.S. Obra, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leetawati Kumari For the Opposite Party/s :
Md. Aslam Ansari ====================================================== 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 Amendment Act.
3. Perusal of the first information report and the seizure list would go to show that total 300.5 liters of foreign liquor is said to have been recovered from a room of the house which belongs to the petitioner, Chetak Kumar.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. As a matter of fact, the petitioner along with others were apprehended near Hanuman Mandir on chase by the police. There is violation of the mandatory provisions of the search and seizure as there is no independent
Patna High Court CR. MISC. No.35803 of 2025(2) dt.28-05-2025 2/2 witness to the seizure list. It is also pointed out that two of the co-accused persons who were apprehended along with the petitioner being Vipul Chandra Varma and Shaheel Singh have already been enlarged on bail by this Court vide order dated 19.05.2025 passed in Cr. Misc. No.32381 of 2025 and order dated 26.05.2025 passed in Cr. Misc. No. 35558 of 2025. The petitioner is in custody since 10.04.2025.
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 Obra P.S. Case No. 129 of 2025.
(Soni Shrivastava, J) devendra/- U T