Bade Chaudhary @ Mahendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13795 of 2025 Arising Out of PS. Case No.-1907 Year-2023 Thana- NAWADA District- Nawada ====================================================== Bade Chaudhary @ Mahendra Kumar S/o- Suresh Chaudhary Resident of village- Gondapur, P.S.- Nawada Town, District- Nawada, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Adv.
For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his/her arrest in a case in connection with Nawada (Town) P.S. Case No. 1907 of 2023, P.T. No. 3359 of 2023 dated 14.12.2023 for the offence/s punishable u/ss 25(1-B)(a), 35 and section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 14 litres of illicit country made liquor and one country made Katta were recovered from the dilapidated house situated on the bank of the River, Khuri.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.13795 of 2025(2) dt.09-05-2025 2/3 this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said house. The recovery was made from an open place that is accessible to anyone. Local Chowkidar disclosed the name of the petitioner due to previous enmity. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused person has already been granted anticipatory bail by this court vide order dated 20.04.2024 passed in Cr. Misc. No. 27928/2024. Learned counsel has submitted that no case is made out against the petitioner.
Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this
Patna High Court CR. MISC. No.13795 of 2025(2) dt.09-05-2025 3/3 case.
6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nawada in connection with Nawada (Town) P.S. Case No. 1907 of 2023, P.T. No. 3359 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T