Rakesh Chaudhary @ Rakesh Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8449 of 2025 Arising Out of PS. Case No.-450 Year-2024 Thana- AKBARPUR District- Nawada ====================================================== Rakesh Chaudhary @ Rakesh Chaudhari S/o Shiv Kumar Chaudhary Resident of village- Lodipur, P.s. - Akbarpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 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 Akbarpur P.S. Case No. 450 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 14 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.8449 of 2025(2) dt.06-03-2025 2/3 petitioner submitted that alleged illicit liquor appears to be recovered from the house of petitioner, which is occupied by other adult family members. It is submitted that compliance of Section 100(3) of the BNSS not appears to be followed in the present case making entire search doubtful. It is further stated that recovery of illicit liquor cannot be said to be made from the conscious physical possession of petitioner. 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 aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie appears doubtful from the conscious physical possession of this petitioner, who is a man clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below 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

Patna High Court CR. MISC. No.8449 of 2025(2) dt.06-03-2025 3/3 learned Exclusive Special Excise Court No. 1, Nawada/concerned trial Court where the case is pending in connection with Akbarpur P.S. Case No. 450 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) BNSS.

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