IN THE HIGH COURT OF JUDICATURE AT PATNA

[CRIMINAL MISCELLANEOUS JURISDICTION]

Cr. Misc No. ____________ Of 2022

In the matter of an
application U/s 439 & 440 of
the Code of Criminal
Procedure, 1973
And
In the matter of

Babalu Chaudhari @ Ravi, Male, Aged about- 31 years, S/O-

Naresh Chaudhari, R/O- Alinagar, Biharsharif, P.S.- Biharsharif,
District- Nalanda, Bihar- 803101.

...Petitioner

Vs.

The State of Bihar

... Opposite Party

To,

The Hon’ble Chief Justice Mr. Sanjay Karol, Chief Justice of the
High Court of Judicature at Patna and his companion Justices of
Hon’ble Patna High Court, Patna
 The humble petition on
behalf of the above-named
Petitioner.

Most Respectfully Sheweth-

1. That this is an application for grant of Regular Bail to the

Petitioner arising out of Bakhtiyarpur P.S. Case No. 267/2022
registered for the offences under Section 30(a) of Bihar Prohibition
and Excise Act, 2018, pending in the court of Learned Special
Judge, Excise Court, Barh.
2. That the Petitioner has not earlier moved any bail application either
for grant of anticipatory bail or for grant of regular bail before this
Hon’ble Court, in this case, except the present one.
3. That the Petitioner has no other criminal antecedent.
4. That the Prosecution story in brief is that on 23.06.2022, Jyoti
Kumar Basu, A.S.I., Bakhtiyarpur Police Station, along with the dog
squad and a police team comprising of Kanhaiya Kumar(Sepoy No.
4612), Pankaj Kumar Ram(Sepoy No 4304), Vishvkarma
Kumar(Sepoy No 214), Ankit Kumar(Sepoy No 312) and local
watchman namely Sanjay Kumar, constituted by the SHO
Bakhtiyarpur, were directed for the raiding and recovery of Liquors
in Bihar. At around 03:55 PM the team left the Police Station and
reached to Nayatola, Madhopur, Ward No. 17 for raiding and saw
that some unknown people evaded due to fear of police force. The
dog squad sniffed the liquor in the house, situated in the alley of
Madhopur, upon which police team surrounded the house and
entered into it and noticed that someone is trying to escape therefore
 the police force arrested that person, who identified himself as
Babalu Chaudhari @ Ravi, Aged about 30 years, S/O- Naresh
Chaudhari, R/O- Nayatola, Madhopur, Ward No. 17, P.S.-
Bakhtiarpur, District- Patna. The police force searched the house in
the presence of two independent witness namely Surendar Prasad,
S/O- Mundrika Prasad, R/O- Nayatola, Madhopur, Ward No. 17,
P.S.- Bakhtiarpur, District- Patna and Puja Kumar, W/O- Guddu
Kumar Chaudhari, R/O- Nayatola, Madhopur, Ward No. 17, P.S.-
Bakhtiarpur, District- Patna, and consequently they recovered Rs.
4751 (Rupee Four Thousand Seven Hundred Fifty One), a box and
three yellow bag consisting of 1. 200 piece of 200 ml bottle, 2. 200
piece of 200 ml bottle 3. 204 piece of 200 ml bottle, total amounting
approximately 120.800 Liter Liquor from the room of Babalu
Chaudhari. Therefore the police officials prepared a Seizure List
whereupon the signatures of the independent witness were obtained
with their consent and served a copy of the same to the arrestee
Babalu Chaudhari. Thereafter the case has been registered in the
Bakhtiyarpur P.S. Case No. 267/2022 registered for the offences
under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
A certified copy of the FIR
of Bakhtiyarpur P.S. Case
No. 267/2022 has been
annexed herewith as
ANNEXURE-1.
5. That the Petitioner was arrested on 23.06.2022 and is under judicial
custody since 24.06.2022.
6. That defence of the petitioner is complete denial of prosecution
story of the prosecution against the petitioner and the petitioner has
 not committed any of such offence and has been falsely implicated
in this case.
7. That there is no any conclusive proof against that the petitioner is
any how connected with the instant case and the petitioner has been
dragged into this case due to malicious intentions of the
prosecution.
8. That the prosecution story has been cooked up to falsely implicate
the petitioner in this case. The FIR itself says that some person
evaded by noticing the presence of police force, therefore in order
to protect the reputation of police officials, the petitioner has been
falsely implicated in this case.
9. That nothing has been recovered from the conscious possession of
the petitioner, rather police officials alleged that the liquor was
recovered from the room of the petitioner which is false, which
signifies that petitioner was not involved in the abovementioned
incident.
10. That the Petitioner has on earlier occasion moved an application in
this case before the Court of Learned Special Judge Excise, Barh
for the grant of regular bail who has been pleased to reject the same
vide order dated 23.07.2022.
11. That there is no possibility of absconding or tampering with
prosecution evidence if the Petitioner is released on bail.
12. That the Petitioner is ready to abide by the terms and conditions
imposed by this Hon’ble Court.
13. That the substantial persons are ready to stand his sureties and there
is no likelyhood of his absconding or tempering with the evidence.
14. That it is respectfully submitted that in the facts and circumstances
of the case as mentioned above, the Petitioner deserves to be
released on bail.
 It is, therefore, most respectfully
prayed that your Lordship may
graciously be pleased to grant
regular bail to the petitioner in
Bakhtiarpur P.S. Case No. 267
/2022 to the satisfaction of the
court of Ld. Special Excise Judge,
Barh.

AND / O R

Pass such other order or orders as

your Lordships may deem fit and
proper.

And for this the Petitioner shall ever pray

 IN THE HIGH COURT OF JUDICATURE AT PATNA

[CRIMINAL MISCELLANEOUS JURISDICTION]

Cr. Misc No. ____________ Of 2022

Babalu Chaudhari @ Ravi

...Petitioner

Vs.

The State of Bihar

... Opposite Party

REGULAR BAIL

INDEX

Sl. Annexures Particulars Page No.

No.

1 Regular Bail Petition with Affidavit

2 ANNEXURE-1 A certified copy of the FIR of

Bakhtiyarpur P.S. Case No. 267
 /2022.

3 Impugned Order

4 VAKALATNAMA