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Patna High CourtCR. MISC./32724/2025allowed

Daroga Chaudhary @ Daroga Chaudhari v. The State Of Bihar

2025-05-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32724 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Daroga Chaudhary @ Daroga Chaudhari, S/O Late Badri Chaudhary, R/O Village- Sonwal Bazar, P.S.- Malahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Malahi P.S. Case No. 02 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. As per the prosecution case, total 8.280 litres illicit english wine recovered from the bag owned by the petitioner and the other co-accused and they succeeded to flee away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his two criminal antecedents. Petitioner was not apprehended on the spot and he has no concern with the seized

Patna High Court CR. MISC. No.32724 of 2025(2) dt.19-05-2025 2/2 liquor. Recovery of the seized liquor is from the open place. Petitioner has two criminal antecedents in which he is on bail. He undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Malahi P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T