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Patna High CourtCR. MISC./35869/2025allowed

Ghuran Chaudhary @ Ghuran Kumar @ Ghuran Kumar Chaudhary v. The State Of Bihar

2025-06-18Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35869 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Ghuran Chaudhary @ Ghuran Kumar @ Ghuran Kumar Chaudhary Son of Late Ram Lochan Chaudhary Resident of Village- Baluatol Baldiha, Ward No. 03, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Madhubani Excise P.S. Case No. 69 of 2025, corresponding to G.O No. 236 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, co-accused Vikram Kumar and Prince Kumar were apprehended at the spot and it is alleged that 19.875 litre illiict liquor was recovered from the motorcycle in question bearing registration no. BR32AW-7292.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been

Patna High Court CR. MISC. No. 35869 of 2025(2) dt.18-06-2025 2/3 surfaced in the present case as owner of the motorcycle in question. He further submits that petitioner has given his motorcycle to co-accused Prince Kumar Ray for urgent work and he has misused the said motorcycle for carrying illicit liquor. He further submits that petitioner was not present at the place of occurrence as he went to Delhi for some urgent work on 25.02.2025. A photocopy of Railway Reservation Ticket dated 25.02.2025 is annexed as annexure-P/2 of the bail petition. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of two cases in which he is already on bail. He further submits that seizure list has not been prepared as per law. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from

Patna High Court CR. MISC. No. 35869 of 2025(2) dt.18-06-2025 3/3 today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge, Excise Act, Madhubani in connection with Madhubani Excise P.S. Case No. 69 of 2025,Corresponding to G.O. No. 236 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. (Alok Kumar Pandey, J) vashudha/- U T