Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9641 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- SIRDALA District- Nawada ====================================================== 1.

Anil Chaudhary Son of Basudeo Chaudhary Resident of village -Janghaul, PS- Sirdalla, District -Nawada 2.

Dhano Devi Wife of Chaneshar Chaudhary @ Chandeshwar Chaudhary Resident of village -Janghaul, PS- Sirdalla, District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sirdalla 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 405 litres of liquor was recovered from four houses out of which 110 litres of liquor was recovered from the house of petitioner no. 1 and 65 litres of liquor was recovered from the house of petitioner no. 2.

4.

Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.9641 of 2025(2) dt.20-02-2025 2/3 the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioners where the other family members also reside. The petitioners are in custody since 20.01.2025. It is further submitted that local chowkidar disclosed the name of the petitioners. Petitioner no.1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent in which he is on bail. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners 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

Patna High Court CR. MISC. No.9641 of 2025(2) dt.20-02-2025 3/3 Court below/concerned Court in connection with Sirdalla PS Case No. 21 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T