Patna High CourtCR. MISC./15440/2025bail granted

Chhathu Bin @ Chhathu Chaudhary v. The State Of Bihar

2025-04-02Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15440 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- SAHPUR District- Bhojpur ====================================================== Chhathu Bin @ Chhathu Chaudhary S/o Late Raja Bin Resident of VillageHariharpur, P.s.- Sahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Sahpur P.S. Case no.9 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From a perusal of the F.I.R and the seizure list it appears that there is recovery of 14 liters of country made liquor from a plastic bag which was found behind the house of the petitioner. The local chowkidar disclosed the name of the petitioner and that is how the name of the petitioner has figured

Patna High Court CR. MISC. No.15440 of 2025(2) dt.02-04-2025 2/3 in the case.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner. The alleged place is an open space which is accessible to all. The name of the petitioner has come only on the basis of suspicion and some oblique motive. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the place of recovery being an open space which is accessible to all, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sahpur P.S. Case no.9 of 2025 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 Exclusive Special Excise Court-II, Bhojpur at Ara, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and

Patna High Court CR. MISC. No.15440 of 2025(2) dt.02-04-2025 3/3 subject to the further condition that the petitioner shall cooperate in investigation/trial. (Soni Shrivastava, J) Harsh/- U T