Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84665 of 2025 Arising Out of PS. Case No.-1177 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Chandan Kumar Son of Late Rambabu Ray Resident of Village- Madhopur Susta, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Khushi Awadh, Adv For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 1177 of 2025, instituted for the offences punishable under Sections 30(a), 32 (3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 639.360 liters of country made liquor was recovered from petitioner's house bathroom. 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.84665 of 2025(2) dt.04-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from a bathroom situated outside and the same is an open place, which is accessible to one and all. The petitioner is in custody since 08.09.2025 and has got clean 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 Excise P.S. Case No. 1177 of 2025.
(Rudra Prakash Mishra, J) krishnakant/- U T