Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43753 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Chandan Kumar S/o Mishri Das Resident Of Village- Bahavalpur Agni,, P.S.- Belaganj, Dist- Gaya at present deputed Tiger Mobile Constable No. 933 in P.S.- Bakhri, Distt- Begusari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bakhri P.S. Case No. 205 of 2025, instituted for the offences punishable under Sections 61, 199 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a) and 52 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, total 25 liters liquor was recovered from three different houses. It is further alleged that the petitioner is a police personnel and was assisting other co-accused persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43753 of 2025(2) dt.14-07-2025 2/3 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. Learned counsel for the petitioner also submits that no recovery of liquor has been made either from the possession or from the house of the petitioner. It is further submitted that the petitioner has got no concern with other co-accused persons. The petitioner is in custody since 31.05.2025 and has got no criminal antecedent. Learned counsel for the petitioner submits that similarly situated co-accused has been granted regular bail vide order dated 03.07.2025 passed in Cr. Misc. No. 41258 of 2025 There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.43753 of 2025(2) dt.14-07-2025 3/3 below/concerned Court in connection with Bakhri P.S. Case No. 205 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T