Pintu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5259 of 2025 Arising Out of PS. Case No.-1048 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Pintu Chaudhary, Son of Late Karu Chaudhary, Resident of village - Goga, ps- Muffasil, Dist- Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Braj Nandan Kumar Tiwary, Advocate.
For the State :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Muffasil P.S. Case No. 5109051241048 of 2024, dated 28.11.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, there is recovery of 35 litres country made liquor from the bank of Goga Paimaar river.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that recovery has been made from an open space and not from the conscious possession of the petitioner. Hence, no offence is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail
Patna High Court CR. MISC. No.5259 of 2025(2) dt.15-02-2025 2/3 petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya, in connection with Muffasil P.S. Case No. 5109051241048 of 2024, subject to the conditions as laid down under Section 438
(2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the
Patna High Court CR. MISC. No.5259 of 2025(2) dt.15-02-2025 3/3 same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T