Patna High Court
Ramesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered the release of the petitioners on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Ramesh Chaudhary and Bhushan Singh, were arrested in connection with a case registered under several IPC offences (including murder, attempt to murder, and criminal conspiracy) and provisions of the Bihar Prohibition and Excise Act, 2016 relating to illegal liquor. They contended that they have clean antecedents, were not arrested at the scene, had no possession of the seized liquor or cash, and were not named in the FIR, being implicated only later. The State opposed their bail, arguing the seriousness of the charges. After hearing both sides, the Court held that bail could be granted provided the petitioners furnish a bond of Rs.5,000 each with two sureties of the same amount, subject to the trial court’s satisfaction. Consequently, the petitioners were ordered to be released on bail pending trial.
Issues considered
- Whether the petitioners are entitled to regular bail despite the grave nature of the offences alleged under the IPC and the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(c), 37(b)
- Indian Penal Code — s. 120B, 272, 273, 302, 307, 328, 34
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal procedure
- IPC sections 302, 307, 120B
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12032 of 2026
Arising Out of PS. Case No.-730 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
1. Ramesh Chaudhary Son of Dasharath Baitha @ Dasharath Chaudhary
Resident of Village- Kanti Rupauli PS -Jaitpur District- Muzaffarpur
2. Bhushan Singh @ Tarakant Singh son of Shivnath Singh Resident of
Village- Kanti Rupauli PS -Jaitpur District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 272, 273, 328, 307, 302, 34
and 120(B) of the Indian Penal Code as well as Sections 30(a),
30(c) and 37(b) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are in custody
since 25.12.2025 and allegation is of recovery of 750 ml. of
liquor alogn with Rs.48,735/- in cash and empty liquor bottles
from the house-cum-shop of Ram Exbal Sah and half filled
bottle of 375 ml. wiskey and 10 ml. in 180 ml. bottle of wiskey
was recovered from the shop of Manoj and Anoj Rai.
Patna High Court CR. MISC. No.12032 of 2026(2) dt.16-04-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and petitioners have no concern or relation with Ram
Exbal Sah, Manoj and Anoj Rai. It is further submitted that
petitioners are not named in the FIR and came to be implicated
at the stage of supervision.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, the petitioners,
above-named, are directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with Saraiya
(Jaitpur O.P.) P.S. Case No. 730 of 2021.
(Satyavrat Verma, J)
Kundan/-
U T
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