Raj Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42150 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Raj Kumar Chaudhary S/O Radhe Choudhary Resident of Village- Gunsagar, Ward No 6, P.S.- Tetarhat, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.
The petitioner seeks bail in connection with Excise PS Case No. 301 C2 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 20 litres of country made liquor was recovered from the hut of the petitioner.
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 that recovery is made from hut which is an open place and
Patna High Court CR. MISC. No.42150 of 2025(2) dt.07-07-2025 2/2 accessible to one and all. The petitioner is in custody since 19.05.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.
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. 301 C2 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T