Sanjay Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54021 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjay Choudhari S/O Badari Choudhari @ Badari Chaudhari Resident of Village- Govindpur, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 101 of 2024 instituted for the offences under Sections 272, 273, 34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 30 litres of spirit was recovered from behind the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It is submitted that recovery is made from behind the house of the petitioner which is an open place and accessible to all. Chargesheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for

Patna High Court CR. MISC. No.54021 of 2025(2) dt.01-08-2025 2/2 the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.Similarly situated other co-accused person has been granted anticipatory bail by this Court vide order dated 01.05. 2024 in Cr. Misc. No. 33635 of 2025.

5. Learned APP 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Turkauliya P.S. Case No. 101 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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