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2025 DAILYLAW 51285 (PAT)

Suraj Chaudhary v. The State of Bihar

CR. MISC./41047/2025 · 2025-07-02

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41047 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- JANTA BAZAR District- Saran ====================================================== Suraj Chaudhary S/o Late Nagendra Chaudhary Resident of Sobhipur, P.S.- Janta Bajar, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mirtunjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, APP, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-07-2025 Heard learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. 2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 78 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 15 liters of illicit country-made liquor from the motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the alleged motorcycle. The petitioner has no knowledge about the recovery of fifteen liter of country made Patna High Court CR. MISC. No.41047 of 2025(2) dt.02-07-2025 2/2 liuqor from the motorcycle during course of vehicle checking and, thus, has falsely beeing implicated in the present case. The name of the petitoiner has been disclosed by the arrested co- accused on the basis of suspicion. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and is languishing in judicial custody since 21.04.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar P.S. Case No. 78 of 2025. rishi/- (Rudra Prakash Mishra, J) U T