Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31831 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- BARBIGHA District- Sheikhpura ====================================================== Sanjay Chaudhary S/O Uday Chaudhary R/O Village- Narayanpur, P.SBarbigha, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 69 of 2025 instituted for the offences punishable under Section 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that police, on the basis of information that this petitioner used to sell liquor in his house, raided the house of the petitioner. Seeing the police party, the petitioner fled away from his house. It is further alleged that some utensils, chulha, gas cylinder etc. used in the manufacture of liquor were recovered from the petitioner's house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.31831 of 2025(2) dt.15-05-2025 2/3 possession of the petitioner. Learned counsel further submitted that no liquor has been recovered from the house of the petitioner and as a matter of fact, some common household utensils and gas cylinder has been recovered. The petitioner is in custody since 22.04.2025 and has six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. Case No. 69 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.31831 of 2025(2) dt.15-05-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T