Bipin Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28089 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Bipin Chaudhary Son of Chandrika Chaudhary Resident of Village - Gogan Karhari, Police Station - Sirdalla, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Bipin Kumar, learned counsel appearing on behalf of the petitioner and Ms. Indu Kumari Srivastava, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Sirdalla P.S. Case No. 239 of 2024 registered under Sections 30(a)/41 of the the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, 70 liters of illicit liquor was recovered from a motorcycle bearing Reg. No.BR27T-6053, which belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the

Patna High Court CR. MISC. No.28089 of 2025(2) dt.07-05-2025 2/3 seized liquor or trade of liquor in any manner, which is prohibited in the State of Bihar. The recovery was made from a motorcycle bearing Registration No. BR27T-6053 and petitioner is the owner of the said motorcycle, however, nothing was recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, 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 Court - I, Nawada in connection with Sirdalla P.S. Case No. 239 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in

Patna High Court CR. MISC. No.28089 of 2025(2) dt.07-05-2025 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T