Patna High CourtCR. MISC./50887/2025bail granted

Chhotelal Chaudhary v. The State Of Bihar

2025-08-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50887 of 2025 Arising Out of PS. Case No.-222 Year-2021 Thana- ATRI District- Gaya ====================================================== Chhotelal Chaudhary S/o Sri Bale Chaudhary @ Baleshwar Chaudhary Resident of Village- Mahmadpur, P.S.- Atri, District- Gaya Jee ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Atri P.S. case No. 222 of 2021 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 5 liters liquor was recovered from brewery centre.

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

Patna High Court CR. MISC. No.50887 of 2025(2) dt.04-08-2025 2/2 further submitted that the name of the petitioner has transpired on the basis of disclosure made by local people. The recovery is made from an open place accessible to one and all. The petitioner is in custody since 09.06.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

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 Atri P.S. case No. 222 of 2021.

(Rudra Prakash Mishra, J) Pankaj/- U T