Patna High CourtCR. MISC./40818/2025bail granted

Amod Chaudhary v. The State Of Bihar

2025-07-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40818 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Amod Chaudhary S/o Late Bhuneshwar Choudhary R/o Village- Dhusri, ward No. 4, P.s.- Haspura, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner prays for and is allowed to make necessary correction in Para-3 of the present bail petition in course of the day.

3. The petitioner seeks bail in connection with Daudnagar Excise P.S. Case No. 162 of 2025 (G.R. No. 900 of 2025) instituted for the offences under Sections 30(a), 30(c) & 32(3) of the Bihar Prohibition and Excise Act, 2018.

4. As per prosecution case, the police, the police has recovered total 30 liters of illicit country-made liquor from the courtyard of the petitioner.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.40818 of 2025(2) dt.02-07-2025 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The alleged courtyard belongs to the joint family house of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 09.05.2025 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.40818 of 2025(2) dt.02-07-2025 3/3 Court below/concerned Court in connection with Daudnagar Excise P.S. Case No. 162 of 2025 (G.R. No. 900 of 2025). (Rudra Prakash Mishra, J) rishi/- U T