Surajdeo Choudhary @ Suryadeo Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74488 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- DEV District- Aurangabad ====================================================== 1.

Surajdeo Choudhary @ Suryadeo Choudhary S/O Late Sampat Choudhary R/O Village- Dhadhpa, P.S- Deo, Distt.- Aurangabad (Bihar). 2.

Dhirendra Choudhary @ Dhirendra Chaudhari S/O Surajdeo Choudhary @ Suryadeo Choudhary R/O Village- Dhadhpa, P.S- Deo, Distt.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Deo P.S. Case No. 212 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 7 liters of illicit country made liquor from the house of the petitioners. The petitioners were arrested on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the

Patna High Court CR. MISC. No.74488 of 2025(2) dt.01-11-2025 2/3 present case due to dirty village politics and on the basis of suspicion. The petitioners are father and son. There is no specific or direct allegation against the petitioners rather the same is general and omnibus in nature. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized liquor. The petitioners have never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner no.1 has one criminal antecedent whereas petition no.2 has no criminal antecedent and are languishing in judicial custody since 26.08.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.74488 of 2025(2) dt.01-11-2025 3/3 Court below/concerned Court in connection with Deo P.S. Case No. 212 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T