Bharat Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22393 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== Bharat Chaudhary S/O Fulchand Chaudhary Resident of Village- Uttarpatti Tilauthu, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Tilauthu P.S. Case No. 43 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 21.02.2025 by the informant, Ravi Ranjan Predarshi.
3. As per the prosecution story, the informant on the secret information raided the place and there is recovery/seizure of 170 liters of country made liquor which led to the FIR. The apprehended person, Vikash Kumar gave the name of this petitioner.
4. Learned counsel for the petitioner submits that he has no concern with the Vikash Kumar and only because of criminal antecedent, has been implicated. Nothing has been recovered from his conscious possession and in any case, the
2/4 recovery is from an open place. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.15,000/- to the District Legal Services Authority, Rohtas at Sasaram for the beautification of the Civil Court Campus, Rohtas at Sasaram through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Considering the submission of the parties as also the fact that recovery/seizure from Vikash Kumar, from an open place, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.15,000/- to the District Legal Services Authority, Rohtas at Sasaram for the beautification of the Civil Court Campus, Rohtas at Sasaram through Demand Draft issued by the local branch of the State Bank of India.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Tilauthu P.S. Case No.
3/4 43 of 2025 to the satisfaction of learned Exclusive Special Excise Court No.2 cum District & Additional Sessions Judge, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty
4/4 to take steps for cancellation of his bail bonds.
8. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Rohtas at Sasaram for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T