Sheikh Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49333 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Sheikh Chhotu S/O Sheikh Mastaan @ Gumsta @ Hasanjad @ Sahjahan R/O Village- Bherihari, P.S- Purushottampur, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Purushottampur P.S. Case No. 17 of 2025 instituted for the offences under Sections 274/275 of he Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per prosecution case, the police has recovered total 94.5 liters of illicit liquor from the motorcycle. 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. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.49333 of 2025(2) dt.18-07-2025 2/3 petitioner has no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has nine criminal antecedents and is languishing in judicial custody since 01.03.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Md. Sahim has already been granted bail by this Court vide order dated 26.06.2025 passed in Cr. Misc. No. 40548 of 2025. 6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Purushottampur P.S. Case No. 17 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.49333 of 2025(2) dt.18-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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