Patna High CourtCR. MISC./18734/2025bail granted

Butan Chaudhary v. The State Of Bihar

2025-03-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18734 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- Bikramganj Excise District- Rohtas ====================================================== Butan Chaudhary Son of Sugriv Chaudhary @ Chandrama Chaudhary Resident of Village- Siyawak, P.S.- Baghaila, Distt,.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bikramganj (Excise) P.S. Case No. 216 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 80 litres of liquor has been recovered from two plastic boxes.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from two plastic boxes kept in an open place. The petitioner has

Patna High Court CR. MISC. No.18734 of 2025(2) dt.28-03-2025 2/2 got no concern with the alleged recovery of liquor. The petitioner is in custody since 27.12.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on 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 Bikramganj (Excise) P.S. Case No. 216 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T