Patna High CourtCR. MISC./59499/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-08-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59499 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- BHELDI District- Saran ====================================================== Chandan Kumar S/O Shiv Kumar Prasad R/O Village- Chainpur, P.S.- Bheldi, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bheldi P.S. Case No. 104 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 300 litres of liquor was recovered from scooty.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to highhandedness of the police and on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the seized scooty. The petitioner has got no concern

Patna High Court CR. MISC. No.59499 of 2025(2) dt.27-08-2025 2/2 with the alleged recovery of liquor. The petitioner is in custody since 20.04.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He further submits that the co-accused Om Prakash has already been granted bail by this Court vide order dated 20.06.2025 passed in Cr. Misc. No. 35419 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bheldi P.S. Case No. 104 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T