Patna High CourtCR. MISC./30156/2025bail granted

Raju Chaudhary v. The State Of Bihar

2025-05-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30156 of 2025 Arising Out of PS. Case No.-1162 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== RAJU CHAUDHARY Son of Brijnandan Chaudhary @ Brijanand Chaudhary Resident of Village - Tulsi Mandi Rina Sei Gali, Police Station - Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 1162 of 2024 for the offence registered under sections 30(a) of Bihar Prohibition & Excise Amendment Act lodged on 28.12.2024 by the informant, Sanjay Kumar Singh.

3. As per the prosecution story, the Police upon secret information, raided the PHED Quarter campus and there is recovery/seizure of 21.42 litre foreign liquor. The locals gave the name of the petitioner, which led to the FIR.

4. Learned Counsel for the petitioner submits that admittedly, the recovery/seizure is from quarter, not from his

Patna High Court CR. MISC. No.30156 of 2025(2) dt.19-05-2025 2/3 conscious possession and further has no criminal antecedent.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Considering the submissions of the parties as also that the same has been recovered from a public place, a Government accommodation, the name has come by the locals, he has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions. However, if it is found that the petitioner has criminal antecedent, the present order shall become infructuous.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City in connection with Alamganj P.S. Case No. 1162 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.30156 of 2025(2) dt.19-05-2025 3/3 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;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) 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;

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