Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 52785 (PAT)

Satish Kumar @ Chhotu Kumar @ Satish @ Chhotu v. The State of Bihar

CR. MISC./39044/2025 · 2025-06-23

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39044 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Satish Kumar @ Chhotu Kumar @ Satish @ Chhotu S/O Sri Swarath Rai @ Ramswarath @ Ram Swarath Yadav R/O Village- Bahadurpur, PS- Athmalgola, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-06-2025 Heard Mr. Amrit Abhijat, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. 2. The petitioner seeks bail in connection with Athmalgola PS Case No. 72 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 460.52 liters liquor was recovered from motorcycle. 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 no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern with the motorcycle in question. Patna High Court CR. MISC. No.39044 of 2025(2) dt.23-06-2025 2/2 The petitioner is in custody since 15-05-2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola PS Case No. 72 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T