Patna High CourtCR. MISC./76378/2025bail granted

Vijay Chaudhary v. The State Of Bihar

2025-11-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76378 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Vijay Chaudhary S/o Late Jay Kishun Chaudhary R/o Village - Mirzapur, P.S - Awtar Nagar, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Awtar Nagar P.S. Case No. 267 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 15 liters liquor was recovered from the house of the petitioner and he was apprehended on spot.

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

Patna High Court CR. MISC. No.76378 of 2025(2) dt.10-11-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged recovery has been made from joint house of the petitioner where other family members also reside. The petitioner is in custody since 23.09.2025 and has got three criminal antecedents in which he is on bail. 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 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 Awtar Nagar P.S. Case No. 267 of 2025.

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