Butan Chaudhary @ Butan Kumar @ Butani Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21825 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- SAHAR District- Bhojpur ====================================================== Butan Chaudhary @ Butan Kumar @ Butani Chaudhary, male, aged about 20 years, Son of Badhu Chaudhary, R/o village- Baruhi, Ps- Sahar, DistBhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Ravindra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sahar P.S. Case No. 11 of 2025 registered for the offence(s) punishable under Sections 30(a) of the Bihar Prohibition and Excise Act
3. As per the allegation made in the FIR, 165 litres of illicit liquor was recovered from the bank of Sone river in village Barhi.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.21825 of 2025(2) dt.23-04-2025 2/3 been implicated in the present case. He further submitted that name of the petitioner has surfaced in this case on the basis of confessional statement of apprehended co-accused persons and confessional statement made before police has no evidentiary value. Petitioner has no connection with the apprehended coaccused person, nor he has any concern with the alleged sized liquor. Recovery of alleged liquor has been made from an open space, which is easily accessible to anyone.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 learned Exclusive Special Excise Judge-II, Bhojpur, Ara in connection with Sahar P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been
Patna High Court CR. MISC. No.21825 of 2025(2) dt.23-04-2025 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T