Jai Kishore Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27788 of 2026 Arising Out of PS. Case No.-278 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Jai Kishore Chaudhary Son of Late Ramchandra Chaudhari Resident of Village - Sonbal Bazar, P.S.- Malahi, District - East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out of Malahi P.S. Case No. 278 of 2025, registered for the offence punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act.
3. As per allegation, from the orchard of one Tahir Mian, 20 liters of country made liquor has been recovered.
4. It has been submitted by learned counsel for the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Sipahi Kumar. It has further been submitted that the petitioner is in no way connected with the said orchard. It has also been submitted that though the petitioner has been made accused in three other cases of similar nature, but he is on bail and that is the reason
Patna High Court CR. MISC. No.27788 of 2026(3) dt.13-05-2026 2/2 for false implication of the petitioner by the local police in the present case thorough confessional statement of co-accused, which has got no evidentiary value. The search and seizure is in violation of Section 103 BNSS.
5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Exclusive Special Excise Court-1, East Champaran, Motihari, in connection with Malahi P.S. Case No. 278 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J) Pawan/- U T