Patna High CourtCR. MISC./53428/2025bail granted

Chintu Kumar @ Chandra Shen Kumar v. The State Of Bihar

2025-11-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53428 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Chintu Kumar @ Chandra Shen Kumar S/o Rajesh Mahto @ Rajesh Singh Resident of Village - Harichak, P.S.- Bhagwanpur, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Prakash, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 79 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 12.600 liters liquor was recovered from motorcycle and the petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.53428 of 2025(4) dt.01-11-2025 2/3 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 the petitioner has been arrested on the basis of suspicion. Name of the petitioner transpired in this case on the basis of his criminal antecedents. The petitioner is in custody since 03.06.2025 and has got six criminal antecedents. 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheriya Bariyarpur P.S. Case No. 79 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.53428 of 2025(4) dt.01-11-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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