Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56595 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- TERHAGACHH District- Kishanganj ====================================================== Chhotu Yadav S/o Jaiballav Yadav @ Late Jaibalam Yadav, R/o Village - Shishagachhi Dhaweli, Ward No.2, P.S - Tedhagaach, District - Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, 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 Tedhagaach (Tedhagachh) P.S. Case No.138 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 83.50 liter Nepali liquor from the motorcycle bearing Registration No. BR-37-AG-1395.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has no concern with the seized motorcycle or liquor. Learned counsel submits that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.56595 of 2025(2) dt.21-08-2025 2/2 possession of petitoiner. He further submits that seizure list has not been prepared in accordance with mandatory provisions of law. He also submits that petitioner is a young boy aged about 22 years who is in custody since 17.07.2025, having clean antecedent. Learned counsel submits that there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Excise-I, Kishanganj in connection with Tedhagaach (Tedhagachh) P.S. Case No.138 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T