Patna High CourtCR. MISC./38573/2025bail granted

Anil Chaudhary v. The State Of Bihar

2025-06-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38573 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- SALAIYA District- Aurangabad ====================================================== Anil Chaudhary S/o Radhe Chaudhary R/o Vill- Gajraj Bigha, P.S. Salaiya, Distt- Auragabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Salaiya P.S. case No. 20 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 350 liters liquor was recovered from bush near the hills.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.38573 of 2025(2) dt.23-06-2025 2/3 of liquor. It is further submitted that recovery is made from a bush near the hills, which is an open place accessible to one and all. The petitioner is nowhere concerned with illegal trade of liquor. The petitioner is in custody since 17.05.2025 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salaiya P.S. case No. 20 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.38573 of 2025(2) dt.23-06-2025 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T