Patna High CourtCR. MISC./15547/2025bail granted

Sanjeev Chaudhaeri @ Sanjeev Chaudhari v. The State Of Bihar

2025-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15547 of 2025 Arising Out of PS. Case No.-154 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Sanjeev Chaudhaeri @ Sanjeev Chaudhari S/O Akalu Chaudhary Resident of Village - Areray, Shokul Tola, P.S.- Areray, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Mohan, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Areraj P.S. Case No. 154 of 2024, instituted for the offences punishable under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 27.5 liters liquor was recovered from the straw house of petitioner.

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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.15547 of 2025(4) dt.14-05-2025 2/2 for the petitioner also submits that alleged recovery has been made from the joint house of the petitioner. The petitioner is in custody since 30.11.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 16.12.2024 passed in Cr. Misc. No. 85525 of 2024. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Areraj P.S. Case No. 154 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T