Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56814 of 2025 Arising Out of PS. Case No.-900 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Chhotu kumar Son of Surendra Pandit R/o Vill. - Jaitpur Repura, P.S. - Jaitpur, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 1252.800 litres of Indian made foreign liquor from three vehicles (scooty, car and tractor). Petitioner and co-accused Ravi Prakash Kumar @ Pintu Kumar Sah were arrested from the spot during chase.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. The alleged illicit liquor, seized vehicles and place of recovery do

Patna High Court CR. MISC. No.56814 of 2025(2) dt.03-09-2025 2/2 not belong to the petitioner. Petitioner is neither driver nor the owner of the vehicles in question. Similarly situated co-accused Raviprakash Kumar @ Pintu @ Ravi Prakash Kumar @ Pintu Kumar Sah has already been granted regular bail by this Court vide order dated 20.08.2025 in Cr.Misc.No.56404 of 2025. Petitioner has no criminal antecedent and he is in jail since 17.07.2025. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Excise P.S. Case No.900 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T