Bittu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83996 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- Bahoranpur District- Bhojpur ====================================================== 1.

Bittu Thakur Son of Late Sunil Thakur @ Bismbhar Thakur Resident of Village - Chaki Nawranga, P.S. - Bahoranpur, Dist. - Bhojpur. 2.

Chhotu Thakur Son of Jai Shanker Thakur Resident of Village - Chaki Nawranga, P.S. - Bahoranpur, Dist. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harishankar Roy, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Bahoranpur P.S. Case No. 100 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 268.52 liters liquor was recovered, out of which 113 litres of liquor has been recovered from Bolero and 155.52 litres of liquor was recovered from the house of co-accused.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.83996 of 2025(2) dt.04-12-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Petitioner No.1 is brother of co-accused Manish Thakur, but he is living separately and he has no concerned with the alleged liquor. Petitioner No.2 is co-villager. The name of the petitioners has been disclosed by the local Chowkidar. The petitioners are in custody since 16.10.2025 and have got no 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 petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahoranpur P.S. Case No. 100 of 2025.

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