Patna High CourtCR. MISC./43156/2025bail granted

Dharmendra Choudhary @ Dharmendra Chaudhari v. The State Of Bihar

2025-08-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43156 of 2025 Arising Out of PS. Case No.-217 Year-2025 Thana- EXCISE PALIGANJ District- Patna ====================================================== Dharmendra Choudhary @ Dharmendra Chaudhari Son of Late Ghamandi Choudhary R/O Village- Lalganj Sehara, P.S.- Palifgnj, Distict- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Special Excise Case No. 1073 of 2025 arising out of Excise Paliganj P.S. Case No. 217 of 2025 dated 02.07.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the gallon which was left by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.43156 of 2025(3) dt.13-08-2025 2/2 concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur in connection with Special Excise Case No. 1073 of 2025 arising out of Excise Paliganj P.S. Case No. 217 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T