Chhotan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62414 of 2025 Arising Out of PS. Case No.-561 Year-2025 Thana- SONEPUR District- Saran ====================================================== Chhotan Kumar Son of Kosan Ray Resident of village - Parvejabad, P.S.- Sonepur, District - Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sonepur Police Station Case No. 561 of 2025, dated 11.06.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that on 11.06.2025, on secret information, the police reached near Pahelija Balli Tola, where several persons, on seeing the police party, fled away. During search of the open field, 103.86 litres of illicit foreign liquor was recovered along with one Shine motorcycle bearing registration no. BR-31M-2970 and one AMO Jaunty electric scooter, chassis no. MDSPAVYILDM000058.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62414 of 2025(2) dt.24-09-2025 2/3 petitioner is not named in First Information Report and he has falsely been implicated in the present case only because he happens to be the registered owner of the motorcycle, bearing registration no. BR-31M-2970. He next submits that the petitioner was not present at the place occurrence. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by his friend for some urgent work and the petitioner had no knowledge about the illicit liquor being kept therein.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the motorcycle, which was borrowed by his friend for some urgent work, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.62414 of 2025(2) dt.24-09-2025 3/3 each to the satisfaction of learned Exclusive Special Excise Judge Court-2, Saran at Chapra, in connection with Sonepur Police Station Case No. 561 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T