Bachchalal Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57535 of 2025 Arising Out of PS. Case No.-1091 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Bachchalal Das Son of Late Mahadeo Das, R/o Bankat Check Post, P.S. -Mufasil, District - East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate.
For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered under Sections 30(a), 33 of Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 96 litre illicit Nepali country made liquor and 5 litre spirit from the bamboo plantation and petitioner tried to flee away from the spot on seeing the police team but was apprehended on chase.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that petitioner has no concern with the alleged seized liquor and no incriminating article has been recovered from his conscious possession. Learned counsel submits that during course of investigation, the police has not found any material against the
Patna High Court CR. MISC. No.57535 of 2025(3) dt.25-09-2025 2/3 petitioner. He further submits that petitioner is in custody since 09.07.2025, having two criminal antecedents of similar nature, in which he is on bail and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the 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, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, 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 Court concerned in connection with Excise P.S. Case No.1091 of 2025 with following conditions:- (i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court; (ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,
Patna High Court CR. MISC. No.57535 of 2025(3) dt.25-09-2025 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) Ritik/- U T