Pyare Chaudhary @ Ram Pyare Chaudhary @ Ram Payare Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51721 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== Pyare Chaudhary @ Ram Pyare Chaudhary @ Ram Payare Chaudhari S/o Baijnath Chaudhari Resident of Village - Manpur, P.S. - Halsi, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Halsi P.S. Case No. 146 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered four liters of illicit country-made liquor, gas cylinder, one stove etc. from behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the local Chowkidar. He further submits that nothing incriminating
Patna High Court CR. MISC. No.51721 of 2025(2) dt.05-08-2025 2/2 has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. He further submits that the alleged Bajra field does not belong to the petitioner. The alleged recovery of illicit liquor has been made from the open place which is accessible to one and all. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents and is languishing in judicial custody since 24.06.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Halsi P.S. Case No. 146 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T