Raja Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46184 of 2025 Arising Out of PS. Case No.-870 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Raja Chaudhari S/o Nanda Chaudhari R/o Village- Sadikpur Sindhua Toli, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. A perusal of the first information report and the seizure list would go to show that 88.35 liters of foreign liquor is said to have been recovered besides the Community Hall situated behind the Fire Station.

4. Learned counsel for the petitioner submits that the place of recovery is an open place and easily accessible to anyone, hence no liability can be fastened to the petitioner. It is further submitted that the petitioner's name surfaced in this case on the disclosure made by apprehended co-accused, Dhiraj Kumar. It is further submitted that no recovery has been made from the physical or conscious possession of the petitioner and the mandatory provisions of the 100 (iii) of the B.N.S.S. have

Patna High Court CR. MISC. No.46184 of 2025(2) dt.25-07-2025 2/2 also been violated as the seizure list has not been signed by any independent witness. Petitioner is in custody since 20.06.2025.

5. Learned APP submits that the petitioner has six criminal antecedents of similar nature of the offence. In response, learned counsel for the petitioner submits that the petitioner has already been granted bail in all the cases.

6. Taking into consideration the facts and circumstances, let the above named petitioner be released 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/successor Court in connection with Alamganj P.S. Case No.870 of 2024, subject to the condition that:- (i) The petitioner would make himself available before the Investigating Officer at an interval of 15 days till the charge-sheet is submitted.

(ii) The petitioner would appear before the learned Court below on each and every date till the charges are framed in the case.

(Soni Shrivastava, J) Trivedi/- U T