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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court no. 4, Gaya, subject to Section 438(2) Cr.P.C. conditions including a family-member bailor with bona fide documents, attendance on every trial date, fortnightly police-station reporting for one year, and abstention from witness tampering and further offences.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Magadh Medical P.S. Case No. 43 of 2025 (offence under section 30(a), Bihar Prohibition and Excise Act).

Court's answer

Taking into account the parties' submissions, the undertaking that the petitioner will diligently appear in trial, and that nothing was recovered from his conscious possession, the Court extended the privilege of anticipatory bail with conditions.

Ratio / Principle

Petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of learned Exclusive Special Excise Court no. 4, Gaya, in connection with Magadh Medical P.S. Case No. 43 of 2025, subject to the conditions laid down under Section 438(2) Cr.P.C.

Key takeaways

Bail imposed with specific conditions: (i) one bailor to be a family member/relative providing official bona fide documentation; (ii) attendance before the Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) fortnightly appearance before the concerned police station for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from committing further offences, failing which cancellation steps may follow.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — granted. Pappu Chaudhary @ Taddu Chaudhary apprehended arrest in Magadh Medical P.S. Case No. 43 of 2025 (Gaya) under section 30(a) of the Bihar Prohibition and Excise Act, FIR dated 05.02.2025 by informant Pramod Kumar Yadav; prosecution alleged police raid on confidential information, petitioner escaping but named by locals, and seizure of 10 litres of mahua beside the house wall. Defence urged nothing was recovered from his conscious possession; APP opposed citing criminal antecedents. Court (Rajiv Roy, J) extended anticipatory bail on the strength of the undertaking to diligently appear in trial and absence of recovery from conscious possession: release on arrest/surrender within four weeks on bail bond of Rs. 10,000/- with two like sureties before learned Exclusive Special Excise Court no. 4, Gaya, subject to Section 438(2) Cr.P.C. conditions — family-member/relative bailor with official bona fide document; presence on every trial date (two consecutive unjustified absences entailing cancellation by the Trial Court); fortnightly police-station attendance for one year; no inducement/threat to witnesses or tampering with evidence; desistance from fresh offences, failing which the State may move for cancellation of bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25218 of 2025

Arising Out of PS. Case No.-43 Year-2025 Thana- MAGADH MEDICAL COLLEGE District- Gaya

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

Pappu Chaudhary @ Taddu Chaudhary Son of Jawahar Chaudhary Resident of Village - Bemtanwadih, P.S.- Magadh Medical, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 07-05-2025 Heard the parties.

The petitioner is apprehending his arrest in connection with Magadh Medical P.S. Case No. 43 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 05.02.2025 by the informant, Pramod Kumar Yadav.

As per the prosecution story, the informant alleged that on confidential information, the Police raided the place/house of the petitioner. He escaped but was named by the locals and there is recovery/seizure of 10 liters of mahua kept beside the house wall. This led to the FIR.

Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession rather

Patna High Court CR. MISC. No.25218 of 2025(2) dt.07-05-2025 2/3

from the house and got implicated only because he has criminal antecedents.

Learned APP opposes the prayer submitting that the petitioner has criminal antecedents.

Taking into account the submissions of the parties as also that an undertaking has been given that he will diligently appear in trial and nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court no. 4, Gaya in connection with Magadh Medical P.S. Case No. 43 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.25218 of 2025(2) dt.07-05-2025 3/3

dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Adnan/-

U T