Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56060 of 2025 Arising Out of PS. Case No.-753 Year-2024 Thana- HISUWA District- Nawada ====================================================== Chhotu Kumar, S/o Kameshwar Chaudhary, Resident Of Village- Ichua Karna, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Hisua P.S. Case No. 753 of 2024, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of 28 litre country made liquor from the mustard field. Co-accused Jitendra Kumar was apprehended on the spot who disclosed the name of the petitioner that he had purchased the said liquor from the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure statement of co-accused Jitendra Kumar with whom petitioner has no concern. There is no recovery from the conscious possession of the petitioner. The seized liquor
Patna High Court CR. MISC. No.56060 of 2025(2) dt.08-09-2025 2/2 or the place of occurrence does not belong to the petitioner. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Nawada in connection with Hisua P.S. Case No. 753 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T