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Patna High CourtCR. MISC./9620/2026bail granted

Anil Choudhary v. The State Of Bihar

2026-02-17Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9620 of 2026 Arising Out of PS. Case No.-193 Year-2025 Thana- Manuapul District- West Champaran ====================================================== Anil Choudhary, son of Late Banka Choudhary, Resident of village-Ptarkha, P.S.- Manuapul, Dist- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner is named in the F.I.R. and apprehending his arrest in connection with Manuapul P.S. Case No.193 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 2 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired on the basis of suspicion arising out of disclosure made by local Choukidar namely, Manoj Hazara. It is submitted that alleged

Patna High Court CR. MISC. No.9620 of 2026(2) dt.17-02-2026 2/3 recovery of illicit liquor was made from accumulated wood kept behind his house, which is an open place and accessible to general public. It is submitted that recovery of illicit liquor was not made from conscious physical possession of this petitioner, who claims to be a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1st, Bettiah, West Champaran/concerned court in connection with Manuapul P.S. Case No.193 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the

Patna High Court CR. MISC. No.9620 of 2026(2) dt.17-02-2026 3/3 Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J.) Sanjeet/- U T