Jamun Chaudhary @ Yamuna Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8703 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== 1.

Jamun Chaudhary @ Yamuna Chaudhari Son of Late Mahabir Chaudhary Resident of village - Shyampur Bazar , P.S.- Adapur, District- East Champaran 2.

Lalbabu Chaudhary Son of Jamun Chaudhary @ Yamuna Chaudhari Resident of village - Shyampur Bazar , P.S.- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 404 of 2024 dated 02.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 30 litres of illicit Nepali country-made liquor was recovered from the house of the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no.1 is the father of the petitioner no.2.

Patna High Court CR. MISC. No.8703 of 2025(2) dt.18-03-2025 2/2 Nothing has been recovered from the conscious possession of the petitioners. The petitioners are neither the owner nor the driver of the said vehicle. The petitioners have no concern with the alleged vehicle. The petitioner no.1 has seven criminal antecedents and petitioner no.2 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 03.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Adapur P.S. Case No. 404 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T