Sikendar Chaudhari @ Sikandar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33986 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Sikendar Chaudhari @ Sikandar Chaudhari S/O Bindeshwar Chaudhari R/O Vill-Koilwan, Ps-Haspura, Dist-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Adv.

For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Daudnagar Excise P.S. Case No. 91/2025 registered for the offences punishable under Sections 30(a), 30(c), 32(3) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 30 liters illicit chulai liquor as well as 800 kg. java mahua from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner bears one criminal antecedent in which he is on bail. He further submits that the alleged recovery made from the joint house of the petitioner and the petitioner

Patna High Court CR. MISC. No.33986 of 2025(2) dt.26-05-2025 2/3 cannot be held liable for the same. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not in any way connected with the alleged occurrence. Seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed 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 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 Exclusive Special Judge, Excise Court No.-I, Aurangabad in connection with Daudnagar Excise P.S. Case No. 91/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

Patna High Court CR. MISC. No.33986 of 2025(2) dt.26-05-2025 3/3

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T