Anil Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9360 of 2026 Arising Out of PS. Case No.-531 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Anil Chaudhary S/O Kedar Chaudhary R/O Village - Teliya Pokhar, P.SRatanpur, District - Begusarai Bihar 2.
Manoj Chaudhary S/O Banarsi Chaudhary R/O Village - Teliya Pokhar, P.SRatanpur, District - Begusarai Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Town P.S. Case No. 531 of 2025, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, there is alleged recovery of 100 litre toddy from the shop of the petitioners as per seizurelist. Apprehended co-accused Chotu Choudhary disclosed the name of the petitioners who fled away from the place of occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.9360 of 2026(2) dt.19-02-2026 2/3 petitioners are quite innocent and have committed no offence as alleged in the F.I.R. He further submits that the petitioners were not apprehended on the spot. No incriminating article has been recovered from the conscious possession of the petitioners. He further submits that apprehended co-accused Chhotu Choudhary is the owner of the said shop and the petitioners are on inimical term with the said co-accused, hence, they have been falsely implicated in this case. He further submits that petitioner No.1 has clean antecedent and petitioner No.2 has one criminal antecedent in which he is on bail. In light of the aforesaid facts and circumstances, no offence, as alleged in the F.I.R., is made out against the petitioners.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that petitioners are named in the F.I.R. and they cannot escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the case, petitioners were not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be
Patna High Court CR. MISC. No.9360 of 2026(2) dt.19-02-2026 3/3 released on anticipatory bail on furnishing bail-bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Town P.S. Case No. 531 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) amitkumar/- U T