Pintu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34507 of 2025 Arising Out of PS. Case No.-434 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Pintu Chaudhary S/O Late Mohan Chaudhary R/O Village- Near Ketaki Math, P.S- Deo, Distt.- Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2025 Heard Mrs. Rupa Kumari, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 434 of 2025 for the offence under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act lodged on 24.04.2025 by the informant, Priyaranjan Bharti.
3. As per the prosecution story, the Police upon information, intercepted a motorcycle and there is recovery/seizure of 50 liters country-made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession and only because the motorcycle belongs to him, he has been
Patna High Court CR. MISC. No.34507 of 2025(2) dt.21-05-2025 2/3 implicated. It was actually handed over to a co-villager though she concede that the petitioner has criminal antecedent.
5. Learned APP opposes the prayer submitting that he owns the motorcycle.
6. Taking into account the submissions of the parties as also that nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Court No. 02, Aurangabad, Bihar in connection with Excise P.S. Case No. 434 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.34507 of 2025(2) dt.21-05-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T