Rajkumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15983 of 2025 Arising Out of PS. Case No.-413 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Rajkumar Choudhary S/O Sukhdeo Choudhary Resident Of Village- Pali, P.s.- Kawakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with G.O. No.413 of 2015 lodged on 23.03.2015, for the offence punishable under Sections 47(A) (F) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 30 litres of illicit liquor has alleged to be made, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the place of occurrence and his name has been transpired only on suspicion.

Patna High Court CR. MISC. No.15983 of 2025(2) dt.02-04-2025 2/2 He further submits that the petitioner was working as labour in Gujarat and he has no knowledge about this case. Counsel further submits that criminal antecedent of the petitioner is not clean as there are two cases pending against him in which in all the cases, he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are two cases pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T