Dauli Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59883 of 2025 Arising Out of PS. Case No.-327 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== Dauli Chaudhary Son fo Naresh Chaudhary R/o Village - Narayanpur, P.S. - Barbigha, Dist. - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. There is recovery of 750 ml Indian made foreign liquor from stone chips inside the railway track which is alleged to be concealed by the petitioner, who was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor. The alleged recovery has been made from stone chips inside the railway track which is an open place accessible to all. Charge sheet has already been submitted after investigation and there is

Patna High Court CR. MISC. No.59883 of 2025(2) dt.17-09-2025 2/3 no chance of tampering with the evidence or absconding the petitioner. Petitioner has three criminal antecedents of similar nature in which he is on bail. Petitioner is in jail since 11.07.2025 and he undertakes to cooperate in 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, the submissions of the parties and period of custody, 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, Sheikhpura in connection with Sheikhpura Excise P.S. Case No.327 of 2025 subject to the condition(s) that:

(i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court itself; (ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;

Patna High Court CR. MISC. No.59883 of 2025(2) dt.17-09-2025 3/3 (iii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) Harish/- U T