← Library
Patna High CourtCR. MISC./60712/2025allowed

Chhotu Kumar @ Ram Kumar @ Laxman Kumar v. The State Of Bihar

2025-09-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60712 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- GOPALPUR District- Patna ====================================================== Chhotu Kumar @ Ram Kumar @ Laxman Kumar, S/o Padarath Rai @ Ram Padarath Gope, Resident of Village - Shahpur, P.S.- Gopalpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of total 351 litres of foreign liquor from the vehicle bearing Registration No. JH05CY-2252 and the co-accused Rahul Kumar apprehended on the spot disclosed that the liquor belongs to the petitioner and he was working with the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure statement of the co-accused Rahul Kumar. He has no concern with the seized liquor or car. He is neither the owner nor the driver of the seized car. Nothing

Patna High Court CR. MISC. No.60712 of 2025(2) dt.18-09-2025 2/2 incriminating was recovered from the conscious possession of the petitioner. He has no knowledge about the seized liquor kept in the car. Petitioner has one criminal antecedent in which he is on bail. He is in custody since 02.07.2025. Charge-sheet has already been submitted and there is no chance of absconding the petitioner or tampering with the prosecution evidence. Petitioner undertakes to co-operate in the trial of the case.

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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Patna, in connection with Gopalpur P.S. Case No. 95 of 2025.

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