IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62016 of 2025 Arising Out of PS. Case No.-399 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Chhotu Kumar @ Ajit Kumar S/O Sonfi Ray R/O Siree Ghat, Pirdamadiya, P.S.- Malsalami, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Malsalami P.S. Case No. 399 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, during patrolling, the police found two persons carrying backpacks who started running on seeing the police party. One of them fled away from the spot after throwing his bag from which recovery of 6 liters of foreign liquor was made. The petitioner also tried to flee away but was apprehended and from his possession, recovery of 4.5 liters of foreign liquor was made. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.62016 of 2025(2) dt.22-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 02.08.2025. The petitioner is having antecedent of nine case and he is on bail in all such cases. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the recovery of small quantity of liquor and also considering the period of custody of the petitioner, the petitioner above named is directed to 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 learned Special Judge, Excise Act, Patna City/court concerned in connection with Malsalami P.S. Case No. 399 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates Patna High Court CR. MISC. No.62016 of 2025(2) dt.22-09-2025 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T