Raju Chaurasiya @ Raju Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10077 of 2025 Arising Out of PS. Case No.-211 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Raju Chaurasiya @ Raju Kumar Chaurasiya Son of Mahabir Chaurasiya @ Mahavir Chaurasiya R/o - Village-Bhandarisome, P.S - Manigachhi, District - Darbhanga, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Vinay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Ms. Gulnar Begum, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Manigachhi P.S Case No.211 of 2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Allegation is of recovery of 712.02 litres of foreign liquor from a pickup van.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has
Patna High Court CR. MISC. No.10077 of 2025(2) dt.28-03-2025 2/3 no concern with the alleged seized liquor and the house from which 712.02 litres of foreign liquor was recovered. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the allegation made in the FIR, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge II (Excise Act), Darbhanga in connection with Manigachhi P.S Case No.211 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in
Patna High Court CR. MISC. No.10077 of 2025(2) dt.28-03-2025 3/3 paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T