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2025 DAILYLAW 93211 (PAT)

Mantu Chaudhary v. The State of Bihar

CR. MISC./88039/2025 · 2025-12-23

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88039 of 2025 Arising Out of PS. Case No.-402 Year-2025 Thana- ATRI District- Gaya ====================================================== Mantu Chaudhary S/o Ajgar Chaudhary @ Kishore Chaudhary R/o Village- Dihuri, P.S- Atri, Dist- Gaya. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioner is seeking bail in connection with Atri P.S. Case No.402 of 2025, dated 04.10.2025 registered for the offences under Sections 30(a) of Bihar Prohibition and Amendment Act. 3. As per the FIR, 25 liters of country made liquor and 500 liters Jawa Mahua was destroyed, out of which 10 liters of liquor was recovered from the house of the petitioner. 4. Learned counsel for the petitioner submit that the petitioner is innocent and has been falsely implicated in the present case solely on the ground that liquor was allegedly recovered from the house. In fact, the recovery was made from a joint house of the petitioner, where other family members also Patna High Court CR. MISC. No.88039 of 2025(2) dt.23-12-2025 2/2 reside. There has been no recovery from the petitioner or from his constructive possession, and the petitioner has no concern with the alleged recovery of liquor. The petitioner has been in judicial custody since 19.10.2025. Lastly, it is submitted that the petitioner has one criminal antecedent similar to the present case, in which he is already on bail. 5. Learned APP for the State vehemently opposed the prayer for bail. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant regular bail to the petitioner. 7. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Gaya/ Successor Court, in connection with Atri P.S. Case No.402 of 2025. shikha/- (Ajit Kumar, J) U T