Chandradev Mehta @ Chandradev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75663 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Chandradev Mehta @ Chandradev Mahto Son of Kunai Mahto R/o Mansapur, Karjain Bazar, Ward No.- 18, P.S.- Karjain Bazar, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Durgawati PS Case No. 300 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5), 114, 338, 336(3), 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 1146.81 liters liquor was recovered from two Scorpio car.

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

Patna High Court CR. MISC. No.75663 of 2025(2) dt.04-11-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case as being driver of one of the vehicles in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 25.08.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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, clean antecedent of the petitioner 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 Durgawati PS Case No. 300 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T