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2025 DAILYLAW 70041 (PAT)

Chintu Kumar v. The State of Bihar

CR. MISC./60208/2025 · 2025-09-17

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60208 of 2025 Arising Out of PS. Case No.-587 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== 1. Chintu Kumar S/o- Mahendra Ray Village- Mirja Nagar, Ward No. 7, P.S.- Mahua, District- Vaishali. 2. Suraj Kumar S/o- Parmeshwar Ray Village- Mirja Nagar, Ward No. 7, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners seek regular bail in a case registered under Sections 30(a) and 47 of Bihar Prohibition and Excise Act. 3. As per the prosecution case, there is recovery of 559.500 litres of illicit liquor from Mahindra Bolero Pickup bearing Reg. No. BR01-GH-9443 which was driven by petitioner no. 1 and petitioner no. 2 was khalasi. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Further submission is that petitioners were merely the Patna High Court CR. MISC. No.60208 of 2025(2) dt.17-09-2025 2/2 driver and khalasi of the vehicle and were only following the instruction of the vehicle owner. They were not aware of the nature of consignment. Nothing has been recovered from the conscious possession of the petitioners. Petitioners have not involved in the trade of illegal liquor. They have no concern with the seized illicit liquor. Petitioners have clean antecedent and there is no chance of their absconding or tampering with the evidence. Petitioners are in custody since 16.07.2025 and they undertake to cooperate in the trial. 5. Learned APP for the State has opposed the prayer for regular bail of the petitioners. 6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-2, Purnea in connection with Excise P.S. Case No. 587 of 2025. utkarsh/- (Sunil Dutta Mishra, J) U T