Naresh Chaudhary @ Naresh Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45299 of 2026 Arising Out of PS. Case No.-59 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Naresh Chaudhary @ Naresh Chaudhari, aged about 53 years, Male, Son of Late Bhanu Chaudhary, Resident of Village - Kuldeep Nagar, P.S. - Chhapra Mufassil, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Mani, Advocate Ms. Pallawi Kumari, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chapra Muffasil P.S. Case No. 59 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 27 litres of illicit liquor has been recovered from a Dalan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to local village politics. He submits that there is no any incriminating article has been recovered from the physical possession of the petitioner. He further submits that the alleged recovery is from a Dalan, which

Patna High Court CR. MISC. No.45299 of 2026(2) dt.08-07-2026 2/3 is an open place and accessible to general public. He next submits that the petitioner was not arrested at the spot and his name has been surfaced in this case only on the basis of local village people. Petitioner is in custody since 12.02.2026.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. From perusal of the FIR, seizure list and impugned order of the learned 01st Exclusive Special Excise Court, Saran at Chapra, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant, FIR has been registered under Section 30(a) of the Bihar Prohibition and Excise Act against the above named petitioner and the allegation is of 27 litres of illicit liquor which has been recovered from a Dalan. Petitioner is in custody since 12.02.2026 and there is no any independent witness of the seizure list, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant regular bail to the above named petitioner.

7. Accordingly the prayer for regular bail of the petitioner is allowed. Let the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45299 of 2026(2) dt.08-07-2026 3/3 satisfaction of the learned Special Judge-I (Excise Act) Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 59 of 2023, subject to the condition that the petitioner shall physically present before the trial Court on each and every date as fixed by the trial Court and if the petitioner is absented, his bail bonds shall be cancelled.

(Ramesh Chand Malviya, J) Anand Kr.

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