Chhotu Choudhary @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66218 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Chhotu Choudhary @ Sumit Kumar, Son of Dayaram Choudhary, Resident of village - Khajraitha, P.S.- Parbatta (Bharatkhand), District - Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case No. 19/2024 dated 19.01.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 543.375 litres of illicit foreign liquor was recovered from the maize field of Vedanand Chaudhary, Tractor and the Pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot. The petitioner has no concern either with the seized illicit liquor or

Patna High Court CR. MISC. No.66218 of 2025(2) dt.09-10-2025 2/2 with the vehicles in question. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is not the owner of the said vehicle as stated in paragraph no. 11 of the bail petition. It is further submitted that the other co-accused person, namely, Omji Ray @ Om Kumar @ Ulla has already been granted bail by a Bench of this Court in Cr. Misc. No. 32807 of 2025 vide order dated 03.07.2025, annexed as Annexure-4 to the present bail petition. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2nd, Khagaria in connection with Parbatta P.S. Case No. 19/2024.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T