Kamlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2902 of 2025 Arising Out of PS. Case No.-102 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Kamlesh Chaudhary S/O Kedar Chaudhary Village- Bhadaji, PS- Mufassil, Dist.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha, Adv For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Excise P.S. Case No. 102 of 2011 registered for the offences punishable under Section 47(a) of the Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 40 litres of IMFL/country made liquor and 450 kilograms of mahua flower.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.2902 of 2025(2) dt.12-02-2025 2/3 petitioner submitted that alleged recovery of illicit liquor and mahua flower was made from an open place buried under soil easily accessible by general public. It is submitted that the name of petitioner transpired in this case on the basis of secret information, where source of information is undisclosed. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and further by taking note of the fact, as recovery of illicit liquor and mahua flower prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Judge No. 3, Gaya/concerned trial court where the case is pending in

Patna High Court CR. MISC. No.2902 of 2025(2) dt.12-02-2025 3/3 connection with Excise P.S. Case No. 102 of 2011 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T