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2025 DAILYLAW 37705 (PAT)

Chunnu Kumar v. The State of Bihar through the Excise Commissioner, Bihar, Patna

CR. MISC./33182/2025 · 2025-05-16

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33182 of 2025 Arising Out of PS. Case No.-2307 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Chunnu Kumar Son of Sri Rajendra Chaubey village- Bitt vibhag Colony, Khajpura, Phase- 2, Ps- Hawai Adda, Dist- patna ... ... Petitioner/s Versus 1. The State of Bihar through the Excise Commissioner, Bihar, Patna bihar 2. The Superintendent of Excise, Patna bihar 3. SHO of Excise Police Station bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 2307 of 2024 registered for the offences punishable under Sections 30(a), 56(b) & 62 of the Bihar Prohibition and Excise Act. 3. Prosecution case in short is that 572.725 liters liquor was recovered from the Innova car as well as from the house situated in the alleged campus. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been Patna High Court CR. MISC. No.33182 of 2025(2) dt.16-05-2025 2/2 recovered from the conscious possession of the petitioner. Petitioner is neither the driver nor the owner of the vehicle in question. Petitioner is implicated in this case on the disclosure made by the apprehended co-accused. Petitioner is stated to be man of clean antecedent. Other co-accused has been enlarged on regular bail by this Court vide order dated 12-11-2024, passed in Cr. Misc. No. 79293 of 2024. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 2307 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023. Raj Kishore/- (Rudra Prakash Mishra, J) U T