Jitendra Chaudhary @ Jitendra Kumar Chaudhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63737 of 2025 Arising Out of PS. Case No.-654 Year-2025 Thana- SONEPUR District- Saran ====================================================== Naga chaudhary @ Nagendra Chaudhary Son of Chipur Chaudhary Resident Of Village -Barbatta Police Station- Sonepur District -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63956 of 2025 Arising Out of PS. Case No.-654 Year-2025 Thana- SONEPUR District- Saran ====================================================== Jitendra Chaudhary @ Jitendra Kumar Chaudhry Son of Late Chandradip Chaudhary Resident Of Village- Barbatta Police Station- Sonepur DistrictSaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63737 of 2025) For the Petitioner/s :
Ms. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 63956 of 2025) For the Petitioner/s :
Ms. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard Ms. Aashi Vats, learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Sonepur P.S. Case No. 654 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 05.07.2025 by the informant, Sunil
2/4 Kumar Singh.
3. As per the prosecution story, the informant alleged that Police on information, recovered/seized 41.25 liters country made liquor near the boundary wall of the school. The chowkidar gave the names of the accused persons including these petitioners. This led to the F.I.R.
4. Learned counsel for the petitioners submit that a perusal of the F.I.R. would show that it has been recovered from an open place, not from conscious possession and only because of criminal antecedent, got implicated and if granted relief, they shall be diligently appearing in trial.
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as also the fact that nothing has been recovered from their conscious possession, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Sonepur P.S. Case No. 654 of
3/4 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
8. Before parting this Court would like to put on
4/4 record its word of appreciation for Ms. Ashi Vats, learned counsel for the petitioners for her proper assistance rendered in the matter.
(Rajiv Roy, J) Adnan/- U T