Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52464 of 2025 Arising Out of PS. Case No.-387 Year-2021 Thana- NAWADA District- Nawada ====================================================== Anil Chaudhary S/o Late Ram Prasad Chaudhary, R/o 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 SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No.387 of 2021, registered for the offences punishable under Sections 33, 34 & 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of six empty pouch of 200 ml. of illicit liquor from the vacant land situated in eastern side of the house of one Ramswaroop Yadav in Village Gondapur.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of petitioner, rather the

Patna High Court CR. MISC. No.52464 of 2025(3) dt.11-09-2025 2/3 the alleged recovery of liquor has been made from a vacant land situated at eastern side of the house of Ramswaroop Yadav, which is an open place and accessible to public at large. Learned counsel submits that the name of petitioner has been transpired in this case only on the basis of confessional statement of the co-accused and except the confessional statement, there is no material against him which suggest the involvement of petitioner. He further submits that similarly situated co-accused person, namely, Arvind Yadav @ Aravinda Yadav had already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 18.07.2025 passed in Cr. Misc. No.34038 of 2025. Learned counsel submits that petitioner is in custody since 12.08.2024, having 13 criminal antecedents but all the cases are of the year 2021. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.52464 of 2025(3) dt.11-09-2025 3/3 of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Ist, Nawada in connection with Nadawa (Town) P.S. Case No.387 of 2021.

(Sunil Dutta Mishra, J) Ritik/- U T