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Patna High CourtCR. MISC./35621/2025bail granted

Ajit Choudhary v. The State Of Bihar

2025-05-28Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35621 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Ajit Choudhary S/o Late Mahendra Chaudhary @ Mahendra Singh R/o Village/ Muhalla- Kaniyari, P.S.- Dinara, District- Rohtas, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner seeks bail in connection with Buxar Excise P.S. Case No. 151/2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the police received information that some persons on a motorcycle were carrying illicit liquor. One motorcycle was intercepted and on search a total of 21.465 liters of illicit liquor was recovered and the person who was apprehended disclosed his name as Ajit Chaudhary (petitioner).

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that nothing has been

Patna High Court CR. MISC. No.35621 of 2025(2) dt.28-05-2025 2/3 recovered from the conscious possession of the petitioner. Learned counsel further submits that the petitioner is neither the driver nor the owner of the said motorcycle from which the illicit liquor was recovered. It is lastly submitted that the petitioner has clean antecedent and is in custody since 19.04.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the clean antecedent of the petitioner, let the petitioner above-named 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 Exclusive Special Judge, Excise Court No. 2, Buxar in connection with Buxar Excise P.S. Case No. 151/2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail

Patna High Court CR. MISC. No.35621 of 2025(2) dt.28-05-2025 3/3 bond of the petitioner will be liable to the cancelled by the court concerned.

d. The 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 aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T