Patna High CourtCR. MISC./32932/2025allowed

Rajesh Chaudhary v. The State Of Bihar

2025-05-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32932 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Rajesh Chaudhary S/O Raj Kumar Chaudhary @ Rajkumar Choudhary Village- Bhadeja, PS- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No.179 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 210 litres of country made liquor from a government canal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from possession of the petitioner. The alleged recovery has been made from a government canal which is a public place. Petitioner has no concern with the seized illicit liquor. The petitioner has one

Patna High Court CR. MISC. No.32932 of 2025(2) dt.20-05-2025 2/2 criminal antecedent in which he is on bail. Petitioner 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 learned Exclusive Special Excise, Court No.1, Gaya in connection with Muffasil P.S. Case No.179 of 2025 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