Udresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48636 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- BUNIYAD GANJ District- Gaya ====================================================== Udresh Chaudhary S/o Ram Balak Chaudhary R/o Village- Mahuar Kala, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brijmohan Das, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard Mr. Brijmohan Das, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Buniyadganj PS Case No. 158 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 4 litres of country made liquor was recovered from Bag in front of the petitioner's house.

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.48636 of 2025(2) dt.29-07-2025 2/2 that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 20.05.2025 and has got one criminal antecedent in which he is on bail. 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 Buniyadganj PS Case No. 158 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T