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2025 DAILYLAW 74730 (PAT)

Jai Prakash Chaudhary v. The State of Bihar

CR. MISC./66007/2025 · 2025-09-24

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66007 of 2025 Arising Out of PS. Case No.-285 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Jai Prakash Chaudhary, S/o Sri Dinbandhu Chaudhary @ Dinbandhu Prasad, R/o Mallah Toli, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Pandey, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Buxar (Excise) P.S. Case No. 285 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act. 3. As per prosecution case, the petitioner who was carrying sacks on his motorcycle was signaled to stop by the police team along with the co-accused Angad Chaudhary, who was riding another motorcycle, who fled away leaving behind his motorcycle. The petitioner was apprehended and on search of the sacks being carried by the petitioner on his motorcycle, total recovery of 48 liters of illicit liquor was made. 4. The learned counsel for the petitioner submits that Patna High Court CR. MISC. No.66007 of 2025(2) dt.24-09-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. The petitioner was not arrested in the manner as alleged in the FIR. Nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is in custody since 25.07.2025 and is having antecedent of one case of different nature. 5. Learned A.P.P. opposes the submissions made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made hereinabove and considering the period of custody of the petitioner, he is directed to 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 learned Exclusive Special Excise Court No. II, Buxar, in connection with Buxar (Excise) P.S. Case No. 285 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be the close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. Patna High Court CR. MISC. No.66007 of 2025(2) dt.24-09-2025 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. V.K.Pandey/- (Arun Kumar Jha, J) U T