Sunil Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5739 of 2025 Arising Out of PS. Case No.-350 Year-2023 Thana- ATRI District- Gaya ====================================================== Sunil Chaudhari S/O Uma Chaudhary R/O Village- Narwat Lala Garden Par, P.S- Atari, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Atari P.S. Case No. 350 of 2023 dated 22.07.2023, instituted for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 7 litres Mahua liquor from the house of the petitioner and 8 litres Mahua liquor from the house of petitioner's father, namely, Uma Chaudhari and both are residing in a joint family house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner. Only on the basis of

Patna High Court CR. MISC. No.5739 of 2025(2) dt.28-03-2025 2/3 disclosure made by the local Chowkidhar, the petitioner has been made accused in this case. It is submitted that the allegation against the petitioner is that 7 litres Mahua liquor has been recovered from the house of the petitioner and 8 litres Mahua liquor has been recovered from the house of petitioner's father, namely, Uma Chaudhari and both are residing in a joint family house. It is further submitted that Uma Chaudhari has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 84713 of 2023. It is also submitted that the police has purposely made accused both the son and the father and prepared seizure list separately so that both of the them may not be able to avail the privilege of bail. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Atari P.S. Case No. 350 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.5739 of 2025(2) dt.28-03-2025 3/3 Exclusive Special Excise Court No. I, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T