Patna High CourtCR. MISC./74164/2025bail granted

Chaman Singh @ Anitosh Kumar @ Anitosh Raj v. The State Of Bihar

2025-10-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74164 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Chaman Singh @ Anitosh Kumar @ Anitosh Raj Son of Ranjeet Kuwar @ Ranjeet Kunwar @ Bare Singh RO Village -Dhanushi PS- Kartahann District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kartahan P.S. Case No. 44 of 2025 instituted for the offences punishable under Sections 30(a) and 44(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 559.26 litres of liquor was recovered from motorcycle as also from maize field of one Mukesh Kumar.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.74164 of 2025(2) dt.17-10-2025 2/3 from the maize field of co-accused Mukesh Kumar. He further submits that the alleged Glamour motorcycle does not belong to the petitioner rather is registered in the name of one Amit Kumar. The alleged maize field also does not belong to the petitioner. The name of the petitioner has transpired in this case on the basis of the disclosures made by the apprehended coaccused persons due to village politics. The petitioner is in custody since 30.08.2025 and has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned counsel for the petitioner again submits that the co-accused namely Amit Kumar has been granted bail by this Court vide order dated 15.05.2025 passed in Cr. Misc. No. 32152 of 2025.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.74164 of 2025(2) dt.17-10-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Kartahan P.S. Case No. 44 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T