Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30635 of 2025 Arising Out of PS. Case No.-385 Year-2021 Thana- NAWADA District- Nawada ====================================================== Anil Chaudhary, aged about 44 years, Male, Son of Ram Prasad Chaudhary @ Prasadi Chaudhary, Resident of Village - Gondapur Nawada, P.S.- Nawada, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, son of the informant died during course of treatment after consuming liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is not named in the FIR and there is no any recovery from the conscious possession of the petitioner. He next submits that the petitioner has been made accused only on the basis of confessional statement of co-accused Manti Devi. He lastly submits that petitioner is neither arrested at the spot nor present at the place of occurrence. He submits that

Patna High Court CR. MISC. No.30635 of 2025(2) dt.09-05-2025 2/2 nothing incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated coaccused persons have already been granted bail by this Court. Petitioner is in custody since 12.08.2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also the fact that similarly situated co-accused persons namely Pinku Yadav @ Chandan Kumar, Usha Devi, Ajit Kumar @ Ajit Yadav @ Rajeev Yadav and Anil Choudhary have been granted bail by this Court in Cr. Misc. Nos. 6066 of 2025, 4455 of 2025, 58701 of 2024 and 8349 of 2024 vide orders dated 19.03.2025, 14.02.2025, 09.08.2024 and 26.02.2024, respectively let the above named petitioner be directed to be released on bail in connection with Nawada P.S. Case No.385 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Nawada.

(Ramesh Chand Malviya, J) Anand Kr.

U T