Raja Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33986 of 2026 Arising Out of PS. Case No.-569 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Raja Kumar Chaudhary S/o Ramdev Chaudhary Resident of Village- Godam Tol, P.S. -Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-05-2026 Heard learned counsel for the parties through virtual mode.

2. The petitioner is apprehending his arrest in connection with Babubarhi P.S. Case No. 569 of 2025, F.I.R. dated 16.12.2025, registered for the offences punishable under Section 30(a), 41 of Bihar Prohibition & Excise Act.

3. As per the prosecution case, police had recovered 53.640 litres of Nepali Liquor from a motorcycle bearing Registration No. BR32AV6769.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The alleged recovery has been made from the motorcycle belonging to the petitioner; however, as a matter of fact, the said motorcycle was given to the co-accused, namely, Krishna Kumar, but the same was misused for trafficking illicit liquor without the knowledge or involvement of the petitioner. It is further submitted that the petitioner has no criminal

Patna High Court CR. MISC. No.33986 of 2026(2) dt.21-05-2026 2/2 antecedent and is ready to abide by all terms and conditions as may be imposed by this Court while granting the privilege of anticipatory bail.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail application.

6. Regard being had to the submissions made by the parties, and taking into consideration the fact that the illicit liquor has not been recovered from the constructive possession of the petitioner, this Court is inclined to grant anticipatory bail to the petitioners.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Madhubani in connection with Babubarhi P.S. Case No. 569 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) Shikha/- Rakesh/- U T