Ramotar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71542 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Keoti District- Sheikhpura ====================================================== Ramotar Chaudhary, S/o Late Jagdish Choudhary, R/o village - Kajifatuachak, P.S.- Kewati, Dist.- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Priya Kumari, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Kewti P.S. Case No. 38 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 5 litres of country made liquor recovered from near the hut of co-accused Sanju Devi who was apprehended on the spot. It is alleged that the petitioner managed to flee away after seeing the police party.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his three criminal antecedents. He has no concern with the seized liquor or place of recovery. Recovery was made from the house of co-accused and petitioner was arrested on the
Patna High Court CR. MISC. No.71542 of 2025(2) dt.08-10-2025 2/3 suspicion. Nothing incriminating article has been recovered from the conscious possession of the petitioner. There is no independent witness of the seizure list and there is violation of provision under Section 105 of the BNSS. Petitioner is in jail custody since 02.08.2025. Petitioner undertakes to cooperate in the investigation and trial of the case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, nature of allegation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Sheikhpura, in connection with Kewti P.S. Case No. 38 of 2025, with further conditions that:- (i) The petitioner 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 his bail bond by the Trial Court itself.
(ii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at
Patna High Court CR. MISC. No.71542 of 2025(2) dt.08-10-2025 3/3 liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) khushbu/- U T