Sanjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42404 of 2025 Arising Out of PS. Case No.-360 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Sanjay Chaudhary S/o Rameshwar Chaudhary RO Village- Gauri Shankar Tola, P.S.- Nokha, District- Rohtas (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Excise PS Case No. 360 of 2025 instituted for the offences under Section/s 30(a), 32(i), 32(iii), 41(1) & 41(2) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 68.600 liters liquor was recovered from Tempo.
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 of liquor. It is submitted
Patna High Court CR. MISC. No.42404 of 2025(2) dt.08-07-2025 2/2 that name of the petitioner has surfaced in this case as being driver of the tempo and he was unware about the illicit liquor loaded in the tempo. The petitioner is in custody since 23-052025 and has got one 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 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 Excise PS Case No. 360 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T