Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner 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 the learned Court concerned, East Champaran, Motihari, subject to physical presence before the learned Court below on each and every date (bail bond liable to cancellation on absence on two consecutive dates without reasonable cause).

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Piprakothi P.S. Case No. 160 of 2022 (offences u/ss 272, 273, 353 IPC and u/ss 30(a) and 45 of the Bihar Prohibition and Excise Act).

Court's answer

The petitioner above-named is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari, subject to the condition that he remains physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bond is liable to be cancelled.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

CRIMINAL MISCELLANEOUS (Patna High Court, decided 17-07-2025) - Regular bail granted. Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar, implicated in Piprakothi P.S. Case No. 160 of 2022 dated 29.05.2022 (East Champaran) for offences punishable u/ss 272, 273, 353 IPC and u/ss 30(a) and 45 of the Bihar Prohibition and Excise Act, following alleged recovery of 1000 litres of raw liquor from an orchard, is enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each. Petitioner had eight criminal antecedents and was in custody since 13.12.2024; a co-accused had already been granted regular bail in Cr. Misc. No. 43730/2023 (order dated 27.07.2023). Condition imposed: physical presence before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40118 of 2025

Arising Out of PS. Case No.-160 Year-2022 Thana- PIPRAKOTHI District- East Champaran

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

Jawan Chaudhary @ Jawan Kumar Chaudhary @ Jawan Kumar 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, Adv. For the Opposite Party/s : Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 17-07-2025

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. 160 of 2022 dated 29.05.2022 registered for the offences punishable u/ss 272, 273, 353 of the Indian Penal Code and u/ss 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1000 litres of raw liquor was recovered from the orchard. It is further alleged that the petitioner was doing illegal business of liquor in the orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by local people. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-

Patna High Court CR. MISC. No.40118 of 2025(2) dt.17-07-2025 2/2

accused person has already been granted regular bail by this court vide order dated 27.07.2023 passed in Cr. Misc. No. 43730/2023. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.12.2024.

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, Motihari in connection with Piprakothi P.S. Case No. 160 of 2022 with the condition :-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

Gautam/- U T