Upendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5957 of 2025 Arising Out of PS. Case No.-106 Year-2021 Thana- MANJHI District- Saran ====================================================== Upendra Chaudhari, S/o Jugeshwar Chaudhary, Resident of VillageKatokhar, P.S.- Manjhi, Distt.- Saran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Manjhi P.S. Case No.106 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 23 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the petitioner has been implicated with present case being father of co-accused, who was apprehended by police on spot. It is pointed out that admittedly alleged illicit

Patna High Court CR. MISC. No.5957 of 2025(2) dt.15-02-2025 2/2 liquor not appears to be recovered from the physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of the aforesaid factual submissions and by taking note of fact as alleged illicit liquor prima facie not appears to be recovered from the possession of the petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II, Saran at Chapra in connection with Manjhi P.S. Case No.106 of 2021, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T