Patna High CourtCR. MISC./83266/2025bail granted

Prakash Chaudhary v. The State Of Bihar

2025-12-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83266 of 2025 Arising Out of PS. Case No.-441 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Prakash Chaudhary Sonk of Late Shankar Chaudhary @ Sankar Chaudhari Resident of Village- Baluva Chikpatti @ Ballua Bazar Motihari, P.S.- Motihari Town, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Motihari Town P.S. Case No. 441 of 2023 instituted for the offences punishable under Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 16.500 litres of liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.83266 of 2025(2) dt.04-12-2025 2/3 incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.07.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Motihari Town P.S. Case No. 441 of 2023, 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

Patna High Court CR. MISC. No.83266 of 2025(2) dt.04-12-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T