Shyamdeo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57304 of 2025 Arising Out of PS. Case No.-237 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== Shyamdeo Chaudhary S/o Lt. Prayag Chaudhary R/o vill - Sanokhra, P.S.- Memdarganj, Distt.- Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. There is total recovery of 350 litres of country made liquor from the cowshed of petitioner. The petitioner was apprehended on the spot and disclosed the names of other coaccused persons, who are alleged to have fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery of illicit liquor was made from the cowshed which does not belong

Patna High Court CR. MISC. No.57304 of 2025(2) dt.03-09-2025 2/2 to the petitioner and the same is a gairmajarua aam land accessible to all local residents of the village. Petitioner has no concern with the seized liquor. Petitioner has three criminal antecedents of similar nature. Petitioner, aged about 60 years, is in jail since 09.07.2025 and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge -I, Nawada in connection with Nemdarganj P.S. Case No.237 of 2025 subject to the following condition(s): (i) The petitioner shall desist from committing any criminal offence again, failing which the Sate shall be at liberty to take steps for cancellation of his bail bonds. (Sunil Dutta Mishra, J) Harish/- U T