Kansh Chaudhary @ Amarnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59718 of 2025 Arising Out of PS. Case No.-467 Year-2025 Thana- SONEPUR District- Saran ====================================================== Kansh Chaudhary @ Amarnath Chaudhary S/o- Late Bilash Chaudhary R/o - Rahimpur Thedigoli, Ward no.2, P.S - Sonpur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Sonpur (Sonepur) P.S. Case No. 467 of 2025, dated 15.5.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, about 34 litre of illicit liquor has been recovered from the bush situated behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that recovery of the illicit liquor has been made from an open space which is accessible to the public at large. He further submits that the petitioner has nothing to do

Patna High Court CR. MISC. No.59718 of 2025(2) dt.22-09-2025 2/3 with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the fact that there is no material against the petitioner and the anticipatory bail petition is maintainable, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Sonpur (Sonepur) P.S. Case No. 467 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned

Patna High Court CR. MISC. No.59718 of 2025(2) dt.22-09-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T