Patna High CourtCR. MISC./31811/2025bail granted

Prakash Chaudhary @ Akash Kumar v. The State Of Bihar

2025-05-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31811 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Prakash Chaudhary @ Akash Kumar S/o- Uday Chaudhary Village- Janghaul Ps- Sirdalla Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, 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 Sirdalla P.S. case No. 117 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 63 liters liquor was recovered in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.31811 of 2025(2) dt.15-05-2025 2/2 on the basis of disclosure made by local chowkidar. It is also submitted that the recovery is made near the house of the petitioner which is an open field accessible to public at large. The petitioner is not indulged in selling or purchasing of liquor. The petitioner is in custody since 05.04.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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 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 Sirdalla P.S. case No. 117 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T