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Patna High CourtCR. MISC./15313/2025allowed

Nandu Chaupal @ Nandu Kumar Chaupal v. The State Of Bihar

2025-04-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15313 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- RUDRAPUR District- Madhubani ====================================================== Nandu Chaupal @ Nandu Kumar Chaupal, Son of Mishri Chaupal, Resident of Village- Mahrail, P.S.- Rudrapur, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejendra Sinha, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard Mr. Tejendra Sinha, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rudrapur P.S. Case No. 132 of 2024 instituted for the offence under Sections 274 and 275 of the Bharatiya Nyaya Sanhita (BNS) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that one person was found standing with a bag. Seeing the police, he threw away the bag and fled away. From that bag, altogether 7.5 liters of Nepali country made liquor was recovered. Local Chowkidar and villagers have disclosed the name of this petitioner.

Patna High Court CR. MISC. No.15313 of 2025(2) dt.21-04-2025 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession.

5. Learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner is having one criminal antecedent of similar nature.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rudrapur P.S. Case No. 132 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Jhanjharpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. with a condition that he shall not indulge in similar nature of the offences in future.

(Ashok Kumar Pandey, J) lata/- U T