Sanjay Chaudhary @ Sinjay Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sanjay Chaudhary @ Sinjay Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: release on bail upon arrest or surrender within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to the satisfaction of the learned Exclusive Special Excise Court-II-cum-District and Additional Sessions Judge, Hajipur, Vaishali, in connection with Mahnar P.S. Case No.380 of 2024.

Issue for consideration

Whether the petitioner, who apprehends arrest in Mahnar P.S. Case No.380 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

Considering the facts, circumstances and submissions of counsel, the Court directs that in the event of arrest or surrender before the Court below within six weeks, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-II-cum-District and Additional Sessions Judge, Hajipur, Vaishali, in connection with Mahnar P.S. Case No.380 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Sunil Dutta Mishra, J) allows anticipatory bail to a petitioner apprehending arrest in Mahnar P.S. Case No.380 of 2024 (District Vaishali), instituted under Section 30(a) of the Bihar Prohibition and Excise Act, after alleged recovery of five litres of country-made liquor from his hut. Petitioner claims innocence, denies conscious possession and ownership of the hut, discloses one criminal antecedent in which he is on bail, and undertakes to co-operate in investigation. Bail ordered upon arrest or surrender within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the learned Exclusive Special Excise Court-II-cum-District and Additional Sessions Judge, Hajipur, Vaishali.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14754 of 2025

Arising Out of PS. Case No.-380 Year-2024 Thana- MAHNAR District- Vaishali

======================================================

Sanjay Chaudhary @ Sinjay Chaudhary S/o- Late Birju Chaudhary, R/o Village- Jalalpur P.S. Mahnar District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashad, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahnar P.S. Case No.380 of 2024 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total five liter country made liquor was recovered from the hut of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner had no knowledge regarding the alleged recovery of seized liquor. Learned counsel submits that nothing was recovered from the conscious possession of petitioner and the alleged hut does not belongs to the petitioner and he has no concern with the seized liquor. He

Patna High Court CR. MISC. No.14754 of 2025(2) dt.02-04-2025 2/2

further submits that the petitioner has one criminal antecedent, in which he is on bail and he undertakes to co-operate in the investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court-II-cum-District and Additional Sessions Judge, Hajipur, Vaishali in connection with Mahnar P.S. Case No.380 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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