Chanchal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83682 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Chanchal Kumar, S/O Madan Prasad Ray @ Madan Rai, R/O Village- Pipari, P.S- Sakra, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate.
For the State :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Baligaon P.S. Case No. 157 of 2025 dated 29.09.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, 191.25 litres of illicit liquor has been recovered from the hut of co-accused Vikas Kumar. As per further case of the prosecution, the Police had information that the petitioner had brought the consignment of illicit liquor to be unloaded at the hut of Vikas Kumar whom he was intending to sell. It is also alleged that Vikas Kumar managed to flee away from the place of recovery.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.83682 of 2025(2) dt.10-12-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that except information, there is no other basis to connect the petitioner with the alleged offence. He is neither owner nor driver of the alleged vehicle involved in the offence. He also submits that no prima facie case is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused nine other cases of similar nature in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering that no prima facie case is made out against the petitioner, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in
Patna High Court CR. MISC. No.83682 of 2025(2) dt.10-12-2025 3/3 connection with Baligaon P.S. Case No. 157 of 2025 subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T