Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85725 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- HASANPUR District- Samastipur ====================================================== Anil Chaudhary S/O Late Mauje Chaudhary R/O Village - Hasanpur Bazar , P.S. - Hasanpur , District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hasanpur P.S. Case No. 222 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 total 45 liters of country made liquor was recovered from cucumber stall (Gumti). Petitioner was arrested 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.85725 of 2025(2) dt.11-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner was arrested on spot. It is further submitted the recovery is made from stall (Gumti) where many customers come, and that the same was kept there only to falsely implicate the petitioner. The petitioner is in custody since 03.11.2025 and has got one 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 Hasanpur P.S. Case No. 222 of 2025.

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