Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23932 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Suresh Chaudhary Son of Late Jugeshwar Chaudhary Resident of Vill.- Sisauni, P.S.- Rudrapur, Dist.- Madhubani, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :

Mrs. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jhanjharpur Excise P.S. Case No. 27 of 2025 lodged on 14.02.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, total recovery of 58.500 litres of illicit liquor has been 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 submits that nothing has been recovered from the conscious possession of the petitioner and the recovery of alleged liquor has been made from two different places i.e. one from the open field and another from the house of the petitioner. Counsel

Patna High Court CR. MISC. No.23932 of 2025(2) dt.06-05-2025 2/2 submits that petitioner's name has come in this case only due to conspiracy. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Special Judge Excise Act, Jhanjharpur, in connection with Jhanjharpur Excise P.S. Case No. 27 of 2025, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Divyansh/- U T