Vikarm Chaudhary @ Vikram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75545 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- BARH District- Patna ====================================================== VIKARM CHAUDHARY @ VIKRAM CHAUDHARY S/o- Late Shyam Kishor Chaudhary @ Late Lakhan Chaudhary R/v- Agwanpur Ps- Barh DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was dismissed vide order dated 02.07.2025 passed by a Co-ordinate Bench of this Court in Cr. Misc. No. 41056 of 2025.

3. The petitioner seeks bail in connection with Barh P.S. Case No. 186 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per prosecution case, the police has recovered total 60 liters of illicit country-made liquor from the house of the petitioner.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75545 of 2025(2) dt.04-11-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case on the basis of suspicion and due to previous criminal antecedents. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. rather the same has been recovered from the joint house of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has 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 has seven criminal antecedents and is languishing in judicial custody since 09.09.2025 without any rhymes or reason.

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

7. 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 petitioner, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.75545 of 2025(2) dt.04-11-2025 3/3 below/concerned Court in connection with Barh P.S. Case No. 186 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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