Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41625 of 2025 Arising Out of PS. Case No.-87 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar S/O Mahesh Chaudhary @ Mahesh Chaudhari Resident of Village- Hathiyahi (Tikuliya), P.S.- Piprakothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-07-2025 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 Pipra Kothi P.S. Case No. 87/2023 dated 15.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 272, 273, 308 read with Section 34 of the I.P.C.

3. As per the prosecution case, total 60 litres of illicit country-made liquor was recovered from the bank of Dhanauti river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is made from an open

Patna High Court CR. MISC. No.41625 of 2025(2) dt.17-07-2025 2/2 place which is accessible to anyone. The other co-accused person has already been granted bail by this court vide order dated 29.02.2024 passed in Cr. Misc. No. 12523/2024. The petitioner has no concern with the alleged recovery. The petitioner has eight antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2025.

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, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 87/2023 with the condition:- (I). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

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