Mahendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58990 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- Manuapul District- West Champaran ====================================================== Mahendra Chaudhary, aged about- 36 years, Gender- Male, Son of Late Bahadur Chaudhary, Resident of village - Patarakha, P.S.- Manuapool, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niraj Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard Mr. Niraj Kumar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Manuapool P.S. Case No. 131 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 16 litres of countrymade liquor from a bush near garden.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.58990 of 2025(2) dt.23-09-2025 2/3 petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the seized liquor nor he is involved in trade of liquor in any manner. The place of recovery is a bush, which is an open place and is easily accessible to anyone. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the fact that the recovery of 16 litres of country made liquor from a bush, which is an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Manuapool P.S. Case No. 131 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in
Patna High Court CR. MISC. No.58990 of 2025(2) dt.23-09-2025 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T