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2025 DAILYLAW 69879 (PAT)

Niraj Chaudhary v. The State of Bihar

CR. MISC./58750/2025 · 2025-09-22

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58750 of 2025 Arising Out of PS. Case No.-274 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Niraj Chaudhary Son of Sahdev Chaudhary RO Village -Parsa PS- Dhaka District -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, 43.5 litres of Nepali liquor and 3.375 litre of illicit English liquor were recovered from the sack thrown near the next street near the house of co- accused Virendra Chaudhary, who is brother of the petitioner and has named the petitioner as his associate. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Further submission is that petitioner was not present on the spot and he has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. The Patna High Court CR. MISC. No.58750 of 2025(2) dt.22-09-2025 2/2 recovery has been made from an open place easily accessible to anyone. Except that petitioner is brother of co-accused Virendra Chaudhary, there is nothing material against the petitioner. Petitioner is living separately from his brother and has no concern with him. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Dhaka P.S. Case No. 274 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. utkarsh/- (Sunil Dutta Mishra, J) U T