Chhotelal Choudhary @ Chhotelal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57380 of 2025 Arising Out of PS. Case No.-287 Year-2025 Thana- MANJHI District- Saran ====================================================== Chhotelal Choudhary @ Chhotelal Chaudhary S/O Late Shivshankar Choudhary @ Shivshankar Chaudhary Resident of village- Kanchanpur, P.S.- Manjhi, Dist.-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Manjhi P.S. Case No. 287 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of total 3 litres illicit liquor from the plastic bag of the petitioner. He was apprehended on the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He has no concern with the seized liquor or with the place of recovery. Recovery of illicit liquor has been made from the orchard which is an open place accessible to all. There is no independent witness to the seizure-list. Petitioner has three criminal antecedents out of which two cases belong to Excise Act. He is in custody since 22.07.2025. Petitioner
Patna High Court CR. MISC. No.57380 of 2025(4) dt.09-10-2025 2/2 undertakes to co-operate in the trial. Similarly situated coaccused, namely Ranjeet Chaudhary has been granted bail by this Court, vide order dated 26.09.2025 passed in Cr. Misc. No. 58083 of 2025.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 287 of 2025, subject to following conditions:
(I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.
(Sunil Dutta Mishra, J.) rakhi/- U T