Bachchu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67696 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Bachchu Kumar Son of Bindeshwar Ray Resident of Mirza Nagar, Ward No 7, PS- Mahua, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Jokihat P.S Case No. 239 of 2025 registered for the offences punishable under Sections 318(4) of the BNS 2023 and under Section 30(a) of Bihar Prohibition and Excise Act, 2022 (Amendment).
3. As per prosecution case, total 474 litre illicit liquor was recovered from the vehicle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. On perusal of seizure
Patna High Court CR. MISC. No.67696 of 2025(2) dt.24-09-2025 2/2 list, there is no independent witness. Petitioner has got five criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 22.07.2025
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria in connection with Jokihat P.S Case No. 239 of 2025, subject to the condition that petitioner shall remain present before the trial Court till conclusion of the trial, in case any violation of the condition the trial Court shall cancel his bail bond.
(Ramesh Chand Malviya, J) Mayank/- U T