Chintu Kumar @ Chandra Shen Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Chintu Kumar @ Chandra Shen Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Cheriya Bariyarpur P.S. Case No. 79 of 2025, subject to conditions that one bailor shall be an own/close member of the petitioner's family and that the petitioner appear on each and every date fixed at the trial; on default in appearance on two consecutive dates the Trial Court has liberty to cancel the bail bonds.

Issue for consideration

Whether the petitioner, apprehended in connection with Cheriya Bariyarpur P.S. Case No. 79 of 2025 (Section 30(a), Bihar Prohibition and Excise Act) and in custody since 03.06.2025, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on each and every trial date, with liberty to the Trial Court to cancel the bail bonds upon default in appearance on two consecutive dates.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Criminal Miscellaneous No.53428 of 2025, order dated 01-11-2025, Rudra Prakash Mishra, J.) to Chintu Kumar @ Chandra Shen Kumar in Cheriya Bariyarpur P.S. Case No. 79 of 2025, District Begusarai, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, wherein 12.600 liters of liquor was alleged to have been recovered from a motorcycle and the petitioner apprehended on spot. In custody since 03.06.2025 with six criminal antecedents, and counsel having contended there was no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court, considering the facts, circumstances and period of custody, released the petitioner on bail bonds of Rs. 15,000/- with two sureties of the like amount each, one bailor to be an own/close family member, appearance on every trial date being compulsory and the bonds cancellable by the Trial Court on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53428 of 2025

Arising Out of PS. Case No.-79 Year-2025 Thana- CHERIYA BARIYARPUR District-

Begusarai

======================================================

Chintu Kumar @ Chandra Shen Kumar S/o Rajesh Mahto @ Rajesh Singh Resident of Village - Harichak, P.S.- Bhagwanpur, Dist.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sudhanshu Prakash, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 01-11-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 79 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 12.600 liters liquor was recovered from motorcycle and the petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.53428 of 2025(4) dt.01-11-2025 2/3

the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner has been arrested on the basis of suspicion. Name of the petitioner transpired in this case on the basis of his criminal antecedents. The petitioner is in custody since 03.06.2025 and has got six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

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 Cheriya Bariyarpur P.S. Case No. 79 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

Patna High Court CR. MISC. No.53428 of 2025(4) dt.01-11-2025 3/3

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Rajorshi/-

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