Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22692 of 2025 Arising Out of PS. Case No.-108 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Anil Chaudhary S/O Late Kailash Chaudhary R/O village- Bhadeja, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Excise P.S. Case No. 108 of 2020 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1800 kg of mahua.

4. Learned counsel appearing on behalf of the petitioner submitted that as per seizure list recovery not

Patna High Court CR. MISC. No.22692 of 2025(2) dt.30-04-2025 2/3 appears to be made from the physical possession of this petitioner. It is further submitted that petitioner found involved in one more case of similar nature, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of alleged mahua prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Judge-3, Gaya/concerned Trial Court where the case is pending in connection with Excise P.S. Case No. 108 of 2020 subject to the conditions as laid down under Section 482(2) of the BNSS with further conditions:-

Patna High Court CR. MISC. No.22692 of 2025(2) dt.30-04-2025 3/3 (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T