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Patna High CourtCR. MISC./41357/2025allowed

Rinku Choudhary v. The State Of Bihar

2025-09-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41357 of 2025 Arising Out of PS. Case No.-702 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Rinku Choudhary S/O Prayag Choudhary Resident of Village- Anaith, P.SNawada, Distt.- Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swarnima, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 11 peti of 8 PM Indian made foreign liquor each peti containing 48 pieces having 180 ml in each piece (total 95.04 litres) from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The name of petitioner has surfaced in the present case on the basis of confessional statement of apprehended accused persons. Petitioner was not present at the time of alleged occurrence as he was in Delhi. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern

Patna High Court CR. MISC. No.41357 of 2025(5) dt.22-09-2025 2/2 with the seized illicit liquor. The alleged recovery has been made from a half built damaged room which is outside the residential home used for keeping hay for cattle and the said premise is in joint possession accessible to other people. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the 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 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court concerned in connection with Nawada P.S. Case No.702 of 2018, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T