Kamlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28575 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- CHAORI District- Bhojpur ====================================================== 1.

Kamlesh Chaudhary S/O Shiwali Chaudhary R/O Vilage- Babubandh, P.SChauri, Distt.- Bhojpur. 2.

Ashok Kumar @ Ashok Chaudhary S/O Shiwali Chaudhary R/O VilageBabubandh, P.S- Chauri, Distt.- Bhojpur. 3.

Sanoj Kumar @ Hitva S/O Bijli Chaudhary R/O Village- Dewradh , P.SChauri (Dhangai), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 168 litres of illicit country made liquor has been recovered from a field towards North side of the village Babubandh.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case merely on the basis of suspicion. Petitioners are not arrested

Patna High Court CR. MISC. No.28575 of 2025(2) dt.14-05-2025 2/2 from the spot and their names transpired in the present case on the basis of disclosure by local chowkidar. Nothing has been recovered from the conscious possession of the petitioners and they have no concern with the alleged recovery.

5. Learned APP for the State has opposed the bail petition and submits that although petitioner no. 1 has clean antecedent, but petitioner nos. 2 and 3 have one criminal antecedent of similar nature.

6. Considering the aforesaid facts and circumstances, let the petitioners, above-named, in the event of their arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Bhojpur, Ara, in connection with Chauri P.S. Case No. 25 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T