Patna High CourtCR. MISC./65239/2025bail granted

Ramesh Chaudhary v. The State Of Bihar

2025-09-25Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65239 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Ramesh Chaudhary, S/o Bhola Chaudhary, R/o Village- Tilangahi, Nawka Tola, P.S.- Bairiya, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Bairiya PS. Case No.69 of 2025, dated-20.02.2025, registered for the offences punishable under Sections 274, 275 of the B.N.S., 2023 & 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, 15 liter of liquor has been recovered from the motorcycle in question. As per the further case of the prosecution, it was the Petitioner who had fled away leaving the motorcycle along with the contraband.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no cogent material against

Patna High Court CR. MISC. No.65239 of 2025(2) dt.25-09-2025 2/3 the Petitioner which could connect him to the alleged offence. He also submits that the Petitioner has nothing to do with the alleged recovery of liquor.

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 petition that the petitioner has been made accused in one other case in which he is on bail.

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

8. Considering the aforesaid facts and circumstances, 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 Bairiya PS. Case No.69 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:

Patna High Court CR. MISC. No.65239 of 2025(2) dt.25-09-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned 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.) Chandan/- U T