Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10555 of 2026 Arising Out of PS. Case No.-385 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1.

Anuj Kumar, S/o Late Bhuneshwar Chaudhary, R/o Village - Dhusri, P.S - Haspura, District - Aurangabad 2.

Arvind Kumar, S/o Murari Chaudhari, R/o Village - Ramanpur, P.S - Tankuppa, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Haspura P.S. Case No. 385 of 2025, registered for the offences under Sections 30 (a)/30(c) of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about the petitioners manufacturing and selling illicit country made liquor from the house of petitioner no.1. A raid was conducted and both the petitioners were apprehended. From the search of house of the petitioner no.1, recovery of 145 litres of country made mahua liquor was made apart from two

Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026 2/3 gas cylinders.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The recovery shown from the petitioners is suspect. The recovery has been shown in vague term in the house of the petitioner no.1. Moreover, it is a joint house of petitioner no.1. On the other hand, the petitioner no. 2 is cousin of petitioner no.1, who had been visiting the petitioner no.1 on the fateful day and was implicated in the present case. There is no independent witness to the search and seizure. The petitioner no. 2 is having clean antecedent, whereas the petitioner no.1 is having antecedent of two cases. The petitioners are in custody since 31.12.2025.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of recovery and the period of custody of the petitioners, they are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Aurangabad/concerned court,

Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026 3/3 in connection with Haspura P.S. Case No. 385/2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T