Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 52010 (PAT)

Bipin Kumar @ Bipin Chaudhary v. The State of Bihar

CR. MISC./40415/2025 · 2025-07-15

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40415 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Bipin Kumar @ Bipin Chaudhary Son of Munni Chaudhary Resident of Village- Bhatbigha, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Sirdalla P.S. Case No. 48 of 2025 for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. 3. As per the allegation total 30 litres of country made liquor has been recovered, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that petitioner is quite innocent and have not committed any offence rather they have been falsely implicated in this case. Nothing has been recovered from the possession of the Patna High Court CR. MISC. No.40415 of 2025(2) dt.15-07-2025 2/3 petitioner. The name of the petitioner surfaced in this case due to dirty village politics. Learned counsel further submits that one Sonarwa Devi disclosed the name of the person who fled away namely, Bipin Kumar (petitioner). Petitioner has no any criminal antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada, in connection with Sirdalla P.S. Case No. 48 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. Patna High Court CR. MISC. No.40415 of 2025(2) dt.15-07-2025 3/3 (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T