Chhotan Kumar @ Chhotan Yadav @ Chhotan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53828 of 2025 Arising Out of PS. Case No.-451 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Chhotan Kumar @ Chhotan Yadav @ Chhotan Kumar Yadav S/o Jagarnath Yadav Resident of village- Saraiya Chitaha, Ward No. 4, PS- Paharpur, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case No. 451 of 2024 dated 14.10.2024 registered for the offences punishable u/ss 30(a), 41(1) and 52 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 43.20 litres of illicit foreign liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the wife
Patna High Court CR. MISC. No.53828 of 2025(2) dt.06-08-2025 2/2 of the petitioner is the owner of the seized vehicle as stated in para-10 of the bail petition. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Paharpur P.S. Case No. 451 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T