Patna High CourtCR. MISC./77438/2025bail granted

Mantu Choudhary v. The State Of Bihar

2025-11-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77438 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- Kachna District- Katihar ====================================================== Mantu Choudhary S/o Late Chandrika Choudhary R/o Village- Bindtola, P.S.- Kachna, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balkrishna Mishra, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kachna P.S. case No. 61/2025 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 40 liters liquor was recovered from plastic sack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the plastic sack in question does not

Patna High Court CR. MISC. No.77438 of 2025(2) dt.17-11-2025 2/2 belong to the petitioner. The petitioner is in custody since 25.08.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kachna P.S. case No. 61/2025.

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