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Patna High CourtCR. MISC./60596/2025allowed

Chandrama Kumar v. The State Of Bihar

2025-09-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60596 of 2025 Arising Out of PS. Case No.-583 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Chandrama Kumar Son of Late Ashok Singh @ Late Ashok Kumar Singh Resident of Village -Kolhna PS -Wazirganj Dist -Gaya At P/A- Residents of village- Tel Bigha, Ps- Kotwali, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 750 ml Indian made foreign liquor from waist of the co-accused Bablu Kumar, who was riding the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of the motorcycle in question. The said motorcycle was sold by the petitioner to co-accused Bablu Kumar on 13.04.2021 and in this regard a copy of agreement has been annexed to the bail petition. Nothing has been

Patna High Court CR. MISC. No.60596 of 2025(2) dt.23-09-2025 2/2 recovered from conscious possession of the petitioner or from the motorcycle but the alleged recovery was from the person of co-accused Bablu Kumar. Petitioner was neither present on the spot nor he was riding the motorcycle. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court concerned in connection with Rampur P.S. Case No.583 of 2023, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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