Chhotelal Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85292 of 2025 Arising Out of PS. Case No.-360 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Chhotelal Rajbanshi Son of Kailash Rajbanshi Resident of Village Narauli, P.S.- Sirdalla, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate Ms. Sweta Burnwal, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 360 of 2025 instituted for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 320 litres of liquor has been recovered from jute bag near a field and a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.85292 of 2025(2) dt.10-12-2025 2/2 possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The petitioner has got no concern with the liquor or with the vehicle in question. The petitioner is in custody since 22.09.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Sirdalla P.S. Case No. 360 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T