Shantu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39744 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Shantu Chaudhary S/O Shyam Choudhary R/O Village- Bhagwanpur, Devarsuskhi, P.S.- Gaurichak, Pachrukhiya- P.S., Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Gaurichak (Pachrukhiya) PS Case No. 156 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 480 liters country made liquor and gas cylinders were recovered from the bank of the river.
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
Patna High Court CR. MISC. No.39744 of 2025(2) dt.24-06-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 28-03-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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, clean antecedent of the petitioner 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 Gaurichak (Pachrukhiya) PS Case No. 156 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T