Tinku Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57000 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Tinku Kushwaha S/O Lalji Kushwaha @ Lalji Prasad R/O Village- Khajuri, Purb Tola, P.S- Kuchaikote, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Kuchaikote P.S. Case No. 153 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of 432 litre country made liquor from four motorcycles.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of local Chaukidar due to village politics. Petitioner was not present at the place of occurrence. Petitioner has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. There
Patna High Court CR. MISC. No.57000 of 2025(2) dt.21-08-2025 2/2 is no independent witness of the seizure-list which is violation of Section 103 of B.N.S.S. Petitioner has three criminal antecedents, out of which one is of the similar nature. He is in custody since 07.05.2025. Petitioner undertakes to co-operate in the trial. Similarly situated co-accused, namely, Nishant Rai has been granted bail by a Co-ordinate Bench of this Court, vide order dated 08.08.2025 passed in Cr. Misc. No. 54921 of 2025.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IV-cum Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikote P.S. Case No. 153 of 2025.
(Sunil Dutta Mishra, J) rakhi/- U T