Sone Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24317 of 2025 Arising Out of PS. Case No.-201 Year-2020 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== Sone Lal Chaudhary Son of Shukar Chaudhary village- Hussainabad, psAriyari, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Excise Police Station Case No. 201 of 2020, disclosing offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, on 24.07.2020, informant received a secret information about illegal liquor sale near a pond in Hussainabad village, PS Ariyari, Sheikhpura. The police party raided the location and allegedly recovered a total of 35 liters of country-made liquor and related utensils from areas linked to three accused Sri Lal Chaudhary, Sone Lal Chaudhary (the petitioner), and Shukari Devi.

4. Learned Counsel for the petitioner submits that the recovery of the illicit liquor has been made from the western side of the pond of the village Hussainabad which is an open space accessible to everyone. Police party searched the house of

Patna High Court CR. MISC. No.24317 of 2025(2) dt.02-05-2025 2/2 the petitioner but no incriminating article was recovered from the house of the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has been recovered from side of the pond of village Hussainabad which is an open space accessible to everyone, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura, in connection with Excise Police Station Case No. 201 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T