Dinesh Chaudhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36680 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== Dinesh Chaudhry S/o Late Lakhan Chaudhary R/o Village- Gosai Tola, Ward No 21, P.-S. Kabaiya, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. Perusal of the first information report and the seizure list, would go to show that 25.20 liters of country made liquor is said to have been recovered from the house of the petitioner.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. The house is in joint possession of all the family members and hence, no liability can be fixed on the petitioner. The petitioner was not arrested on the spot. There is no independent witness to the seizure list and the
Patna High Court CR. MISC. No.36680 of 2025(2) dt.29-05-2025 2/2 petitioner is in custody since 05.04.2025.
5. Learned APP for the State opposes the prayer for bail on the ground that the petitioner has four criminal antecedent of similar nature in which the petitioner is on bail.
6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kabaiya P.S. Case 90 of 2025, subject to the condition that the petitioner would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till the charge-sheet in this case is submitted.
(Soni Shrivastava, J) devendra/- U T