Chulha Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17899 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- KHAIRA District- Jamui ====================================================== Chulha Rawat Son of Late Nago Ram Resident of Vill- Khaira, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Amendment Act, 2022.

3. It is a case of recovery of 50 lites of country made liquor from a Motorcycle bearing Reg. No. BR-46J8876. Driver is alleged to have fled away from the place of seizure.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.17899 of 2025(2) dt.18-04-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner is apprehended on spot nor anything incriminating has been recovered from his conscious possession. He has no concern with the seized illicit liquor. As the registered owner of the motorcycle in question, he has been dragged in this case. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from receipt of the order and in the event of his arrest or surrender in connection with Khaira P.S. Case No. 318 of 2024, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17899 of 2025(2) dt.18-04-2025 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court I, Jamui, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Sushma/- U T