Dayanand Chaudhary @ Sadhu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31975 of 2026 Arising Out of PS. Case No.-175 Year-2026 Thana- Excise P.S. District- Sheikhpura ====================================================== Dayanand Chaudhary @ Sadhu Chaudhary, S/o Late Sri Chaudhary, R/o vill - Barui, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Adv.

Mr. Rajnish Kumar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026

1. Heard the parties

2. The petitioner seeks regular bail in connection with Seikhpura Excise P. S. Case No. 175 of 2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner is innocent and has been falsely implicated in the present case, the alleged liquor has been recovered from a plastic bag near a vacant land and not from the conscious possession of the petitioner and no incriminating article has been recovered from the house or physical possession of the petitioner and further the seizure list has been prepared in presence of official witnesses only not in presence of independent witness. Learned counsel further submits that

Patna High Court CR. MISC. No.31975 of 2026(2) dt.12-05-2026 2/2 though the petitioner has criminal antecedents of similar nature of cases, he is already on bail in all the earlier cases and has been languishing in jail since 10.04.2026.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, coupled with the facts that the witnesses of the seizure list are police officials so the release of the petitioner will not affect the prosecution in any manner at this stage and also taking into account the quantity of the alleged liquor which is said to have been recovered from the possession of this petitioner, this court is inclined to grant the relief of bail to the petitioner, accordingly, let the petitioner named-above be enlarged on bail in connection with Seikhpura Excise P. S. Case No. 175 of 2026 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T