Baidyanath Das @ Baidyanath Kumar Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43649 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- BISFI District- Madhubani ====================================================== Baidyanath Das @ Baidyanath Kumar Chaupal S/O Viso Das R/O villageSinghiya, P.S-Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Pallavi For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 203.76 liters of foreign liquor is said to have been recovered from a Scorpio vehicle.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has surfaced in the present case on disclosure made by local Choukidar. The petitioner is neither the owner of the vehicle nor is concerned with the seized liquor. It is further submitted that the mandatory provisions of search and

Patna High Court CR. MISC. No.43649 of 2025(3) dt.06-08-2025 2/3 seizure have been violated as there is no independent witness to the seizure list.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has one criminal antecedent of similar nature of the offence. However, it is submitted that the petitioner is on bail in the said case.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bisfi P.S. Case No. 75 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions: (i) One of the bailors will be a family member/close relative.

(ii) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the

Patna High Court CR. MISC. No.43649 of 2025(3) dt.06-08-2025 3/3 petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks.

(Soni Shrivastava, J) devendra/- U T