Nanku Chaudhary @ Nanhaku Chaudhary @ Nanhaku Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10677 of 2025 Arising Out of PS. Case No.-249 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Nanku Chaudhary @ Nanhaku Chaudhary @ Nanhaku Chaudhari, Son of Narayan Chaudhari, Resident of Ward No.9, Sita Bigha, Karwnadiya, P.S. - Sasaram (M), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sasaram (M) P.S. Case No. 249 of 2023 dated 16.05.2023 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation is of recovery of total 15 litres of illicit liquor near from a Railway over bridge west side of Kaw river Sita Bigha.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has not been apprehended from the spot and the police has not disclosed the source of identification of the petitioner in the F.I.R. It is further submitted that nothing has been recovered either from the

Patna High Court CR. MISC. No.10677 of 2025(2) dt.05-03-2025 2/2 conscious possession of the petitioner or from the house of the petitioner. The seizure has been made from open place which is accessible to all. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Bikrant Chaudhary @ Vikrant Chaudhari has been granted bail vide order dated 04.09.2024 passed by this Court in Criminal Miscellaneous No. 57424 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sasaram (M) P.S. Case No. 249 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T