Vinod Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70914 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== Vinod Chaudhary S/o Shakti Chaudhary R/o Village - Pursanda, P.S - Shikandra, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Ankita Kumari, Adv.
For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard the parties.
2. The petitioner seeks anticipatory bail in connection with Sikandra P.S. Case No. 264/2025 dated 30.07.2025 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per prosecution case, there is allegation of recovery of 1.5 litres of country made liquor from the house of the petitioner kept in a plastic bottle.
4. Learned counsel for the petitioner has orally submitted that the alleged recovery is not in any way connected with the petitioner as the alleged place of recovery is a joint house of the petitioner and the petitioner cannot be held responsible for the alleged recovery. In the light of the aforesaid, no case under the Excise Act is made out against the petitioner.
Patna High Court CR. MISC. No.70914 of 2025(2) dt.14-10-2025 2/3 The petitioner bears criminal antecedent of one case of similar nature, in which he is on bail and just because of having criminal antecedent, he has falsely been implicated in the present case without any basis.
5. Learned APP vehemently opposed the prayer for anticipatory bail on the ground that the alleged recovery has been made from the house of the petitioner.
6. Considering the facts and circumstances of the case and the arguments advanced by the parties as well as the materials available on record, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, 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 Excise Court -1, Jamui, in connection with Sikandra P.S. Case No. 264/2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
7. However, it is made clear that the petitioner is directed to cooperate in investigation and if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving
Patna High Court CR. MISC. No.70914 of 2025(2) dt.14-10-2025 3/3 assurance to this Court is not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner (Alok Kumar Pandey, J) sunilkumar/- U T