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2025 DAILYLAW 110669 (PAT)

Chhotak Bind @ Chhotenarayan Chaudhary v. The State of Bihar

CR. MISC./78248/2025 · 2025-11-19

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78248 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- SIMRI District- Buxar ====================================================== Chhotak Bind @ Chhotenarayan Chaudhary S/o Late Videshi Bind Resident of village - Chandpali, Bind Dera, Police Station - Simri, District - Buxar. .. ... Petitioner/s Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Rai Sharma, Adv For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Simri P.S. Case No. 183 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 16 liters liquor was recovered from in front of the house of petitioner. 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. Patna High Court CR. MISC. No.78248 of 2025(2) dt.19-11-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the recovery is made from an open place, which is accessible to public at large. It is further submitted that local chaukidar disclosed the name of the petitioner. The petitioner is in custody since 23.09.2025 and has got three criminal antecedents of similar nature. 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 Simri P.S. Case No. 183 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member Patna High Court CR. MISC. No.78248 of 2025(2) dt.19-11-2025 3/3 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. krishnakant/- (Rudra Prakash Mishra, J) U T