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Chhotu Kumar v. The State of Bihar

Court: Patna High Court

Bench: MR. JUSTICE R. P. MISHRA

Judgment date:

Case summary

Patna High Court judgment dated 2025-12-04. Chhotu Kumar v. The State of Bihar. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 84543 of 2025 Arising Out of PS. Case No. -113 Year-2025 Thana- Roshna District- Katihar ====================================================== Chhotu Kumar Son of Suresh Rishi R/O- Chhath Pokhar, Tatma Toli, Ward 26, P. S. - Maranga, Distt. - Purnia ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv For the Opposite Party/s : Mr. J harkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Roshna P. S. Case No. 113 of 2025, instituted for the offences punishable under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 116. 46 liters of foreign liquor was recovered from Auto. Petitioner was arrested on spot. 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. Learned counsel for the petitioner submits that petitioner is driver of the seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 06. 11. 2025 Patna High Court CR. MISC. No. 84543 of 2025(2) dt. 04-12-2025 2/2 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Roshna P. S. Case No. 113 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) krishnakant/- U T

Source: Patna High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.