Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49896 of 2025 Arising Out of PS. Case No.-375 Year-2021 Thana- NAWADA District- Nawada ====================================================== Anil Chaudhary Son of Late Ram Prasad Chaudhary Resident of Village - Gondapur, P.S.- Nawada, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Nawada (Town) P.S. Case No. 375/2021, registered for the offence under Sections 33, 34, 36 of the Excise Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 08.08.2024.

4. The allegation against petitioner is to involve in illegal activities of illicit liquor/spurious liquor alongwith other co-accused persons, where after consumption brother of the informant died.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in present case during the course of investigation on the basis of confessional statement of co-accused Arbind Yadav and Manti Devi, where in furtherance of which no incriminating material recovered/surfaced

Patna High Court CR. MISC. No.49896 of 2025(3) dt.19-09-2025 2/3 during the course of investigation as to connect petitioner prima facie with illegal trade of illicit/spurious liquor. It is submitted that out of occurrence, petitioner was implicated in 13 cases of similar nature in succession out of police atrocities, where except suspicion nothing survives against petitioner for the reasons as he involved in almost all cases, the name of petitioner transpired on the basis of confessional statement of co-accused, as of the present case. While concluding the argument, it is submitted that investigation of this case has already been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions as save and except suspicion arising out of confessional statement of coaccused no incriminating material recovered/surfaced during investigation as to connect petitioner with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 08.08.2024, accordingly, petitioner above named is directed to be released on bail in connection with Nawada (Town) P.S. Case No. 375 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.49896 of 2025(3) dt.19-09-2025 3/3 satisfaction of learned Exclusive Special Excise Judge-1st, Nawada/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T