Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33614 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Prakash Chaudhary S/o Late Prabhu Chaudhary Resident of Village- Urain, Ward No. 5, P.S.- Kajra, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 225C2 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act. Petitioner has clean antecedent.

3. As per the FIR, on secret information, the informant along with other police officials conducted a raid in the house of Prakash Chaudhary (petitioner) and on search 47 liters of country-made liquor was recovered and the petitioner was apprehended.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that no recovery as stated by the police

Patna High Court CR. MISC. No.33614 of 2025(2) dt.28-05-2025 2/3 has been done and the house happens to be the joint accommodation of his extended family. It has also been stated that the petitioner was apprehended at his house who was unaware of such content kept in his house. It has lastly been submitted that the petitioner is in custody since 12.04.2025.

5. The learned A.P.P. for the State has opposed the prayer for bail.

6. Considering the aforesaid submissions made by the parties and taking into account that the petitioner has clean antecedent, I am inclined to grant the petitioner privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court-II, Lakhisarai, in connection with Excise P.S. Case No. 225 C2 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

Patna High Court CR. MISC. No.33614 of 2025(2) dt.28-05-2025 3/3 (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Siwani/- U T