Raju Kumar @ Raju Kumar Chaudhary @ Raju Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76779 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== Raju Kumar @ Raju Kumar Chaudhary @ Raju Chaudhary S/O Late Vipat Chaudhary R/O Village- Saidpur, P.S- Pahleja, Distt.- Saran, Bihar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pehleja P.S. Case No. 106 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 Amendment, 2018.
3. The prosecution case, in short, is that 12 liters of country made liquor was recovered in front of the house of the petitioner in ditch.
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. Learned counsel
Patna High Court CR. MISC. No.76779 of 2025(2) dt.12-11-2025 2/2 for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioner is in custody since 28.09.2025 and has got 01 criminal antecedent. 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 Pehleja P.S. Case No. 106 of 2025.
(Rudra Prakash Mishra, J) manish/- U