Allowed¶20

Chhotu Kumar v. The State of Bihar

Patna HC4 Nov 2025CR. MISC./75671/2025

Case brief

AI extract

What is this about?

Chhotu Kumar v. The State of Bihar, Patna High Court, CR. MISC. No.75671 of 2025, order dt. 04-11-2025, Rudra Prakash Mishra, J. Excise bail: Kuchaikote PS Case No. 315 of 2025, District Gopalganj; 99.925 liters liquor recovered from motorcycle; Section 30(a) Bihar Prohibition and Excise Act; Sections 317(5) & 3(5) Bharatiya Nyaya Sanhita, 2023; alleged non-compliance of Section 103 BNSS, 2023; custody since 18.07.2025; one criminal antecedent; bail bonds Rs.15,000/- with two sureties; Advocates: Adesh Raj Singh (petitioner), Khurshid Anwar, APP (State).

What did the court decide?

Petitioner to be released on bail 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 Kuchaikote PS Case No. 315 of 2025. ¶20

Chhotu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75671 of 2025

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Arising Out of PS. Case No.-315 Year-2025 Thana- KUCHAIKOTE District- Gopalganj

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

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Chhotu Kumar S/O Bahran Sahani Resident of Village- Balua Tola, P.SJadopur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Kuchaikote PS Case No. 315 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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The prosecution case, in short, is that 99.925 liters liquor was recovered from motorcycle.

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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

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Patna High Court CR. MISC. No.75671 of 2025(2) dt.04-11-2025 2/2

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no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the motorcycle in question and he has no concern with the same. The petitioner is in custody since 18.07.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

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

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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.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kuchaikote PS Case No. 315 of 2025.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Chhotu Kumar v. The State of Bihar

Case brief

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Chhotu Kumar v. The State of Bihar

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