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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31409 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== Sriram Choudhary, S/o Late Ram Das Choudhary, Resident of vill- Paduri, ward no 12, P.S- Nasriganj, Distt.- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-05-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Nasriganj P.S. Case No. 12 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegedly the police conducted a raid and recovered 15 litres of country made liquor from a thatched house, near the house of the petitioner. 4. Learned Advocate for the petitioner taking this Court through the F.I.R. contended the petitioner has neither any concern with the thatched house from where recovery has been made nor with the seized liquor and only on account of the fact that his house is just beside the thatched house, his name has
Patna High Court CR. MISC. No.31409 of 2025(2) dt.16-05-2025 2/3 been implicated in this case only on suspicion. He also pointed out the infirmities in the search and seizure, inasmuch as the witnesses are non-else, but the police personnel. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceedings of the court. 5. On the other hand, learned APP for the State opposes the bail application. 6.
Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a thatched house with which the petitioner has no concern and there is no substantive materials, which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2-cum Additional Sessions Judge, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 12 of 2025, subject to the condition as laid down under 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the
Patna High Court CR. MISC. No.31409 of 2025(2) dt.16-05-2025 3/3 further condition that one of the bailors shall be the own/close relative of the petitioner. uday/- (Harish Kumar, J) U T