Saheb Chaudhary vs The State Of Bihar on 15 May, 2025

Patna High Court – Orders

Saheb Chaudhary vs The State Of Bihar on 15 May, 2025

Author: Chandra Prakash Singh

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15645 of 2025
                 Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Saheb Chaudhary S/O Mahesh Chaudhary @ Mahesh Chaudhari Resident of
                 village - Hathiyahi (Tikuliya) P.S. - Piprakothi, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh
                 For the Opposite Party/s :       Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   15-05-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for

grant of regular bail in connection with Piprakothi P.S. Case No.

209/2023 dated 14.09.2023 registered for the offences under

Sections 147, 148, 149, 272, 273, 341, 323, 332, 333, 353, 308,

504 and 506 of the Indian Penal Code and Sections 30(a), 32(1),

34(b), 45 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40 liters of illicit

country made liquor was recovered near the house of the

accused persons which was kept in sack and 500 liters paas was

also recovered from the bushes and the said paas was destroyed

at the place of occurrence. It is further alleged that the petitioner
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and the co-accused persons were also abusing and assaulting the

police officials.

4. Learned counsel for the petitioner has submitted

that the petitioner is innocent and has falsely been implicated in

this case. Nothing has been recovered from the conscious

possession of the petitioner. The petitioner has no concern with

the alleged recovery. The recovery was made from an open

place that was accessible to anyone. The petitioner has six

criminal antecedents as stated in para 3 of the bail petition. The

petitioner is in custody since 06.12.2024. The other co-accused

person has already been granted regular bail by this Court vide

order dated 24.03.2025 passed in Cr. Misc. No. 10319/2025.

5. Learned A.P.P. for the State has vehemently

opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances

of the case as well as the period of custody, the petitioner above-

named, is directed to be enlarged on bail on furnishing bail-bond

of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

the like amount each to the satisfaction of learned Court

concerned, East Champaran at Motihari in connection with

Piprakothi P.S. Case No. 209/2023, with the condition ;-

(i). The petitioner is directed to remain physically
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present before the learned Court below on each and every date,

failing which on two consecutive dates without reasonable

cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)
shivam/-

U      T