Brahamdeo Chaudhary @ Brahmdev Chaudhary@ Brahmdev Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6067 of 2026 Arising Out of PS. Case No.-223 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== Brahamdeo Chaudhary @ Brahmdev Chaudhary@ Brahmdev Kumar Chaudhary Son of Danalal Chaudhary @ Danilal Chaudhary R/o Village - Balanpatti, P.S. - Laukaha, Distt. - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Laukaha PS Case No. 223 of 2021 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act, Sections 414, 272 & 273 of the I.P.C. and Section 7 of the E.C. Act.

3.

The prosecution case, in short, is that 95 liters liquor was recovered from pickup van. It is also alleged that there is recovery of 60 liters nepali diesel from the said vehicle 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

Patna High Court CR. MISC. No.6067 of 2026(2) dt.31-01-2026 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the driver nor the owner of the vehicle in question and he has no concern with the same. It is next submitted that name of the petitioner is disclosed by local people. The petitioner is in custody since 20.10.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukaha PS Case No. 223 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T