Raja Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12656 of 2025 Arising Out of PS. Case No.-870 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Raja Chaudhari Son of Nanda Chaudhari Resident of Village- Sadikpur Sindhua Toli, P.s.- Alamganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list would go to show that 88.35 liters of foreign liquor has been recovered from a community hall.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of the confessional statement of apprehended co-accused, which has no evidentiary value in the eye of law. The petitioner has no concern with the

Patna High Court CR. MISC. No.12656 of 2025(3) dt.30-04-2025 2/3 seized liquor or the place of occurrence. It is further submitted that the place of recovery is an open/common place and easily accessible to anyone, hence no responsibility can be fixed on the petitioner.

5. Learned APP for the State opposed the prayer for bail on the ground that the petitioner has two criminal antecedents of similar nature of the offence. In response, learned counsel for the petitioner submits that petitioner is on bail in both the cases.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Alamganj P.S. Case No.870/2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to further condition that one of the bailors would be family member/relative.

7. The learned Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no.3

Patna High Court CR. MISC. No.12656 of 2025(3) dt.30-04-2025 3/3 of the bail application. If any other case is pending against the petitioner as what has been stated above, this order will loose its force automatically. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Trivedi/- U T