Kali Charan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27575 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- DINARA District- Rohtas ====================================================== Kali Charan Chaudhary S/O Shiv Bachan Chaudhary @ Shiv Nandan Chaudhary R/O Village- Shambhu Dehari, P.S- Dinara, Distt.- Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Dinara P.S. Case No. 95 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 10.03.2025 by the informant, Amit Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the Police reached the place. While one managed to escape, the other was apprehended, he was Gopal Kumar and there is recovery/seizure of 54 liters of country made liquor. Gopal Kumar gave the name of this petitioner which led to is implication/ FIR.

4. Learned counsel for the petitioner submits that he has no criminal antecedent, only because of the fact that he has been named by Gopal Kumar, got implicated, nothing has been

Patna High Court CR. MISC. No.27575 of 2025(2) dt.14-05-2025 2/3 recovered from his conscious possession.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also that the petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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 Dinara P.S. Case No. 95 of 2025 to the satisfaction of learned Exclusive Special Judge, Court No.1, 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;

Patna High Court CR. MISC. No.27575 of 2025(2) dt.14-05-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (v) 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;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T