Pintu Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34247 of 2025 Arising Out of PS. Case No.-705 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Pintu Kumar Chaudhary S/o Lakhi Chaudhary Resident of Village- Kadirganj, P.S.- Darigaon, District- Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Dehri (Town) P.S. Case No. 705 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in possession of 25 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated in the present case only being owner of the motorcycle bearing Registration No. BR24X7005, which was sold by him in the year 2023
Patna High Court CR. MISC. No.34247 of 2025(2) dt.20-05-2025 2/3 itself to one Sujit Kumar. Learned counsel referred Annexure P/2, which is a sale agreement dated 31.03.2023, therefore, it can be safely said that recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is pointed out that petitioner found involved in one more criminal case of similar nature, in which he is on bail.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram, in connection with Dehri (Town) P.S. Case No. 705 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Patna High Court CR. MISC. No.34247 of 2025(2) dt.20-05-2025 3/3 Nagarik Suraksha Sanhita (in short "B.N.S.S.") and further condition:
(i) That petitioner shall not indulge in similar nature of case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(Chandra Shekhar Jha, J) Rajeev/- U T