Gautam Chaudhary @ Gautam Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10755 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Gautam Chaudhary @ Gautam Kumar Chaudhary S/O Anil Chaudhary, Resident of Village- Hariharganj, P.S- Nasriganj, District- Rohtas. 2.

Sanjay Chaudhary @ Bhundu @ Sanjay Kumar Chaudhary S/O Dhaneshwar Chaudhary, Resident of Village- Hariharganj, P.S- Nasriganj, DistrictRohtas. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 30 litres of country made liquor has been recovered from two plastic gallons near Sone river. Petitioners are alleged to have fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case and no incriminating article has been recovered from their possession. He further submits that petitioner no. 1 carries two criminal antecedents out of which one is of similar nature and petitioner no.

Patna High Court CR. MISC. No.10755 of 2025(2) dt.08-04-2025 2/2 2 carries one criminal antecedent of similar nature. However, he submits that petitioners are on bail in all the cases.

5. Learned APP for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances and the fact that nothing has been recovered from the conscious possession of the petitioners, rather recovery has been made from an open place, let the petitioners, above-named, in the event of their arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged 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 Exclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 09 of 2025, District- Rohtas, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023.

(Prabhat Kumar Singh, J) Shahnawaz/- U T