Rambabu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27781 of 2025 Arising Out of PS. Case No.-149 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Rambabu Chaudhary S/o Vishvanath Chaudhary Resident of Village- Khori Pakar, P.S- Harsidhi, District- East Champaran. 2.

Nandlal Chaudhary S/o Motilal Choudhary Resident of Village- Khori Pakar, P.S- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Excise P.S. Case No.149 of 2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 25 liter country made liquor at bush situated behind the house of the petitioners. It is alleged that the petitioners fled away from the place of occurrence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case on the basis of suspicion. He further submits that the

Patna High Court CR. MISC. No.27781 of 2025(2) dt.21-05-2025 2/2 alleged recovery of liquor is from an open place which is accessible to public at large. Learned counsel submits that the petitioners have been implicated in this case due to village politics. He further submits that the petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Excise P.S. Case No.149 of 2021, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T