Patna High CourtCR. MISC./43767/2025bail granted

Ram Raj Chaudhary v. The State Of Bihar

2025-07-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43767 of 2025 Arising Out of PS. Case No.-353 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ram Raj Chaudhary Son of Bhagedu Chaudhary @ Bhagat Chaudhary R/o village - Jamalpur Adami, Jamalpur Atmi, P.S.- Nasriganj, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 4 of the bail petition in course of day.

3. The petitioner seeks bail in connection with Daudnagar P.S. Case No. 353 of 2025, instituted for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that, 100 liters liquor was recovered from plastic drum at the bank of river and the petitioner was apprehended on spot.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.43767 of 2025(2) dt.14-07-2025 2/2 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. Learned counsel for the petitioner also submits that the alleged recovery has been made from an open place which does not belong to the petitioner and the same is easily accessible to the public at large. The petitioner is in custody since 26.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daudnagar P.S. Case No. 353 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T