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2025 DAILYLAW 70513 (PAT)

Chhotu kumar v. The State of Bihar

CR. MISC./58326/2025 · 2025-08-19

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58326 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- JADIA District- Supaul ====================================================== Chhotu kumar Son of Sri Anmol yadav R/o Village - Maholiya, Ward no. 17, P.S. - Jadia, District - Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrit Abhijat, Adv. For the Opposite Party/s : Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Jadia P.S. Case No. 128 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 261.66 liters of illicit foreign liquor from the house of the co-accused Anmol Yadav. 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 recovered from the conscious possession of the petitioner rather Patna High Court CR. MISC. No.58326 of 2025(2) dt.19-08-2025 2/3 the illicit liquor has been recovered from the joint house of the petitioner where other members of the family also live. The petitioner has no concern with the seized liquor. The petitioner was not aware of the contents of the material being kept in his joint house. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non- compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 27.07.2025 without any rhymes or reason. 5. Learned counsel for the petitioners again submits that the co-accused namely Anmol Yadav has been granted bail by this Court vide order dated 06.08.2025 passed in Cr. Misc. No. 51930 of 2025. 6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the Patna High Court CR. MISC. No.58326 of 2025(2) dt.19-08-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Jadia P.S. Case No. 128 of 2025. rishi/- (Rudra Prakash Mishra, J) U R