Bhagyashali Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37311 of 2025 Arising Out of PS. Case No.-154 Year-2021 Thana- BANKA District- Banka ====================================================== Bhagyashali Chaudhari S/O Vikram Kumar R/O Village/Mohalla- Bahadur Nagar, Ward No. 16, Kutlupur Diara, P.S- Kutlupur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Banka (Barahat) P.S. Case No.154 of 2021 instituted under Sections 30(a) and 32(2) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 3602.16 litres of foreign liquor from the seized truck. It is alleged that the co-accused Pappu Kumar, driver of the seized truck, had talked with the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no criminal antecedent and he is neither the driver nor the the owner of the seized vehicle. He further submits that the petitioner has no

Patna High Court CR. MISC. No.37311 of 2025(4) dt.15-09-2025 2/2 concern with the seized article. He further submits that except the disclosure statement of the driver of the vehicle concerned, there is nothing material has come against the petitioner. He further submits that the petitioner was not named in the FIR and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Act Court No.1, Banka in connection with Banka (Barahat) P.S. Case No.154 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) AjayMishra/- U T