Patna High CourtCR. MISC./51080/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-08-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51080 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- MAHINDWARA District- Sitamarhi ====================================================== Chandan Kumar S/o Late Umesh Prasad R/o Village- Olipur, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahindwara P.S. Case No. 176 of 2024 instituted for the offences punishable under Sections 30(a), 30(b), 30(c), 36, 37, 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1666.68 litres of liquor was recovered from Scorpio and mango orchard.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by local chowkidaar. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.51080 of 2025(2) dt.04-08-2025 2/2 petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 11.06.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahindwara P.S. Case No. 176 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T