Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54676 of 2025 Arising Out of PS. Case No.-237 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== 1.

Chandan Kumar S/o Meva Saw @ Mevalal saw R/o Village-Near Maniramakhada, P.s- Bihar Sharif, District-Nalanda, Bihar 2.

Md. Sahjad S/o Md. Naushad R/o vill - Badi Dargahnayatola, P.S.- Biharsharif, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Shekhpura Excise P.S. Case No. 237 of 2025 instituted for the offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 100.08 liters of illicit foreign liquor from the Tempo.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in

Patna High Court CR. MISC. No.54676 of 2025(2) dt.13-08-2025 2/3 the present case. The petitioner no.1 is the driver whereas petitioner no.2 is the co-driver of the alleged vehicle and were not aware of the illicit liquor being loaded on the same. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized liquor. The petitioners have 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 petitioners have no criminal antecedent and are languishing in judicial custody since 18.05.2025 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 petitioners.

6. 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 petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on

Patna High Court CR. MISC. No.54676 of 2025(2) dt.13-08-2025 3/3 furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shekhpura Excise P.S. Case No. 237 of 2025.

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