Karu Chaudhary @ Satish Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56407 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Karu Chaudhary @ Satish Chaudhary S/O Sita Chaudhary Resident of Thekahi More (Kharoundh), P.S- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Akbarpur P.S. case No. 315 of 2025 instituted for the offences under Sections 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 134 liters liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to highhandedness of the police. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.56407 of 2025(3) dt.22-09-2025 2/3 with the alleged recovery of liquor. It is further submitted that the petitioner has no concern with the alleged motorcycles. The petitioner has also no concern with the seized liquor. The petitioner is in custody since 27.06.2025 and has five criminal antecedents and, in all of them, he is on bail. There is no compliance of Section 103 of B.N.S.S., 2023. He further submits that the co-accused persons have already been granted bail by this Court vide order dated 13.08.2025 passed in Cr. Misc. No. 54402 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner bears five criminal antecedents of similar nature of offence.

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, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Akbarpur P.S. case No. 315 of 2025, subject to the following conditions;

Patna High Court CR. MISC. No.56407 of 2025(3) dt.22-09-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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