Jay Prakash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76581 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- MORO District- Darbhanga ====================================================== Jay Prakash Chaudhary Son Of Jitendra Chaudhary Resident Of VillagePatori, P.S.- Moro, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Adv Mr. Shivam, Adv For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Moro P.S. Case No. 15 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that 1098 liters liquor was recovered from pit.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.76581 of 2025(2) dt.11-11-2025 2/3 that recovery is made from an open place, which is accessible to one and all. It is further submitted that the name of the petitioner has transpired as being owner of the recovered liquor. The petitioner is in custody since 19.09.2025 and has got ten criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Moro P.S. Case No. 15 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.76581 of 2025(2) dt.11-11-2025 3/3 bail bonds of the petitioner.

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