Ajay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24389 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- Bikramganj Excise District- Rohtas ====================================================== 1.
Ajay Chaudhary S/o- Halkhori Chaudhary Resident of Village- Siyawak Tola PS- Baghaila Distt- Rohtas at Sasaram 2.
Ritu Chaudhary @ Ritu Kumar S/o- Mohan Chaudhary Resident of VillageSiyawak Tola PS- Baghaila Distt- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jyoti Prasad, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Excise Case No. 1199 of 2025, Bikramganj (Excise) P.S. Case No. 216 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 80 liters of illicit liquor from two plastic boxes.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The name of the petitioners has been disclosed by co-accused Butan
Patna High Court CR. MISC. No.24389 of 2025(2) dt.24-04-2025 2/3 Chaudhary who was arrested by the police. The petitioners have no concern with the alleged seized liquor. Learned counsel for the petitioners further submits that nothing incriminating has been recovered from the physical/conscious possession of the petitioners. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have one criminal antecedent of similar nature of offence as has been stated in paragraph no.3 of the present anticipatory bail application.
5. Learned counsel for the petitioners further submits that the co-accused Butan Chaudhary has been granted regular bail by this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 18734 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioners, let the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of
Patna High Court CR. MISC. No.24389 of 2025(2) dt.24-04-2025 3/3 Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 1199 of 2025, Bikramganj (Excise) P.S. Case No. 216 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) rishi/- U T