Jaihendra Chaudhary @ Jehendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8776 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Jaihendra Chaudhary @ Jehendra Chaudhary Son of Babulal Chaudhary Resident of Village - Jandhaul, P.S. - Sirdala, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02- Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sirdala PS Case No. 21 of 2025 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 105 litres of country made liquor was recovered from the house of the 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
Patna High Court CR. MISC. No.8776 of 2025(2) dt.18-02-2025 2/2 has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 20.01.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdala PS Case No. 21 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T