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2025 DAILYLAW 60723 (PAT)

Jawahir Chaudhary @ Jamahir Chaudhary v. The State of Bihar

CR. MISC./47912/2025 · 2025-08-06

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47912 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Jawahir Chaudhary @ Jamahir Chaudhary S/O Late Parmeshwar Chaudhary R/O Village- Jandhaul, P.S- Sirdalla, Distt.- Nawada. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) and 41of the Bihar Prohibition and Excise Act. 3. A perusal of the first information report and the seizure list would go to show that 515 liters of country made liquor is said to have been recovered from two motorcycle kept in four sacks. 4. It is submitted by learned counsel for the petitioner that the name of the petitioner has surfaced in this case on the disclosure made by local chaukidar. It is further submitted that the petitioner has no concern either with the seized motorcycles or the liquor in question. Further, there is violation of mandatory Patna High Court CR. MISC. No.47912 of 2025(2) dt.06-08-2025 2/2 provisions of search and seizure as the seizure list has not been signed by any independent witness. Petitioner is languishing in custody since 20.06.2025. 5. Learned APP for the State opposed the prayer for bail on the ground that the petitioner has four criminal antecedents of similar nature of the offence. In response, it is submitted by learned counsel for the petitioner that petitioner is on bail in all the four cases. 6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sirdalla P.S. Case No.20 of 2025. Trivedi/- (Soni Shrivastava, J) U T