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2025 DAILYLAW 50879 (PAT)

Munnalal Chaudhary @ Manalal Chaudhary v. The State of Bihar

CR. MISC./41411/2025 · 2025-07-16

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41411 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Munnalal Chaudhary @ Manalal Chaudhary S/O Fagu Chaudhary R/O Village- Siswa Saraiya, P.S- Bairiya, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Bairiya P.S. Case No. 71 of 2025 for the offence under Sections 274 and 275 of BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, total 13.400 litres of country made liquor has been recovered from a motorcycle, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and he has been implicated because he has inimical terms with local chowkidar. As a matter of fact, the motorcycle bearing registration no. BR22AZ8363 does not belong to the petitioner Patna High Court CR. MISC. No.41411 of 2025(2) dt.16-07-2025 2/3 and he is neither the owner nor the driver of alleged motorcycle. The name of the petitioner has been transpired in the present case on the confessional statement of apprehended co-accused namely, Mukesh Chaudhary and the same does not have any evidentiary value in the eye of law. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-I, Bettiah, West Champraran, in connection with Bairiya P.S. Case No. 71 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar Patna High Court CR. MISC. No.41411 of 2025(2) dt.16-07-2025 3/3 nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U