Pappu Chaudhary @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18721 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- SAHAR District- Bhojpur ====================================================== Pappu Chaudhary @ Pappu Kumar Son of Krishna Chaudhary R/o Village - Baruhi, P.S.- Sahar, District - Bhojpur.

... ... 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. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sahar P.S. Case No. 11 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 165 litres of liquor was recovered from the bank of Sone River.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis confessional statement of apprehended co-accused person. Learned counsel for the petitioner submits that recovery is made from an open place, which is accessible to one and all. The petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.18721 of 2025(3) dt.30-07-2025 2/2 liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other Co-accused has been granted anticipatory bail by this Court vide order dated 26.03.2025 passed in Cr. Misc. No. 18559 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahar P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Raj Ranjan/- U T