Mukesh Kumar @ Bagha Chaudhary @ Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27779 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Mukesh Kumar @ Bagha Chaudhary @ Mukesh Chaudhary Son of Dinesh Chaudhary Resident Of Village -Sandh Ps -Parnadabar District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Parnadabar P.S. Case No. 288 of 2024, registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 250 liters liquor was recovered from bush.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged place of recovery does not belong to the petitioner. The alleged recovery has been made from an open

Patna High Court CR. MISC. No.27779 of 2025(2) dt.09-05-2025 2/2 place which is easily accessible to public at large. It is further submitted that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of disclosure made by local people. The petitioner has got two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parnadabar P.S. Case No. 288 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T