Chhabila Kumar @ Chhabila Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79759 of 2025 Arising Out of PS. Case No.-476 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Chhabila Kumar @ Chhabila Yadav S/o Rukhi Yadav R/o Village- Muswa Bhediyahi, P.S- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Prasad, Adv For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 476 of 2025, instituted for the offences punishable under Sections 317(5) of BNS along with Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 130 liters of country made liquor was recovered from motorcycle. Petitioner was arrested on spot.

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.79759 of 2025(2) dt.25-11-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the motorcycle in question does not belong to the petitioner. The name of the petitioner has transpired only on the basis of suspicion and secret information. The petitioner is in custody since 10.09.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 476 of 2025 , subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.79759 of 2025(2) dt.25-11-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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