Santosh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41529 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- EKMA District- Saran ====================================================== Santosh Chaudhary S/o Laxuman Chaudhary Resident of Village- Parsagarh Bazar, Police Station- Ekma, District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mili Kumari, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Ekma P. S. Case No. 150 of 2025 dated 19-04-2025, instituted under Sections 30(a) of the Bihar Prohibition and Excise Act. 3.The allegation is of the recovery of 1.8 liters of English liquor from the handle of the motorcycle bearing registration no. BR-04AH-6305, which belongs to the petitioner and was found parked in Village Parsagarh near Khajoor Bani, east of the flour mill.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner was not arrested at the place of occurrence, nor was any incriminating

Patna High Court CR. MISC. No.41529 of 2025(2) dt.09-07-2025 2/2 article recovered from his conscious possession or from his house. The alleged liquor was recovered from the handle of the motorcycle belonging to the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum- Exclusive Special Judge, Excise Act -I, Saran at Chapra, in Ekma P. S. Case No. 150 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T