Umang Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44537 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- KASBA District- Purnia ====================================================== Umang Choudhary S/o Umesh Choudhary R/o Mohalla- Abdulla Nagar, Khusibagh, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navin Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kasba PS Case No. 107 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 317.855 liters liquor was recovered from a Car.
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 that recovery is not the owner of the car, rather one Vikram
Patna High Court CR. MISC. No.44537 of 2025(2) dt.02-07-2025 2/2 Kumar is the owner and at his instance, petitioner is implicated in this case. The petitioner is in custody since 23-05-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 16-06-2025, passed in Cr. Misc. No. 36857 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 and the period of custody undergone by the petitioner, 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 Kasba PS Case No. 107 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T