Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41600 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- TIKAPATTI District- Purnia ====================================================== 1.

Chandan Kumar Son of Late Bhuttu @ Krishna Mohan Mandal Resident of Simra Ward No. 2, P.S.- Tikapatti, Distt.- Purnea 2.

Pradeep Kumar Son of Late Dayanath Mandal Resident of Simra Ward No. 2, P.S.- Tikapatti, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Tikapatti P.S. Case No. 65 of 2025 dated 28.04.2025, registered for the offence punishable under Section 30(a) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation is of recovery of 30 litres country made illicit liquor from two gallons found in the field of Chandan Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.41600 of 2025(2) dt.09-07-2025 2/2 conscious possession of the petitioners, rather, the said illicit wine has been recovered from the open field which is easily accessible to all. Lastly, it has been submitted that they have no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Tikapatti P.S. Case No. 65 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Court No.-II, Purnea, subject to condition as laid down under Section 482(2) of B.N.S.S.. (Khatim Reza, J) prabhat/- U T