Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81396 of 2025 Arising Out of PS. Case No.-1011 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Chhotu Kumar Son of Ramsundar Pasi @ Ram Sundar Sikari Resident of Village - Pasiya Bhandari, P.S. - Deo, Dist.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Adv For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Aurangabad Excise P.S. Case No. 1011 of 2025, instituted for the offences punishable under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 100 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.81396 of 2025(2) dt.27-11-2025 2/2 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. It is also submitted that petitioner's name has transpired only on the basis of suspicion. The petitioner is in custody since 23.09.2025 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 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 Aurangabad Excise P.S. Case No. 1011 of 2025.

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