Shobhi Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45622 of 2025 Arising Out of PS. Case No.-58 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Shobhi Koda S/o Bhuneshwar Koda R/o Village- Gopalpur Gobardaha, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Irshad, Adv.

For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and Mr.s Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Chanan P.S. Case No. 58 of 2023 instituted for the offences under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act and Sections 2(E)/3/5/13 of the Bihar Excise Mahua Flowers Rule, 2006.

3. As per prosecution case, the police has recovered total 70 liters of illicit country-made liquor out of which 60 liters were recovered from brewery center. It is further alleged that 7000 liters of Jawa Mahua was destroyed at the spot.

Patna High Court CR. MISC. No.45622 of 2025(2) dt.17-07-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. The name of the petitioner has been surfaced in this case on the basis of the disclosures made by the local Choukidar. The petitioner is not the owner of the alleged place of occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedent and is languishing in judicial custody since 27.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties

Patna High Court CR. MISC. No.45622 of 2025(2) dt.17-07-2025 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Chanan P.S. Case No. 58 of 2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T