Ganga Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38974 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- LACHHUAR District- Jamui ====================================================== Ganga Chaudhary S/O Shibu Chaudhary R/O Village- Hariharpur, P.S.- Lachhuar, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Devika Rani, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Lachhuar P.S. Case No. 22 of 2025, lodged on 12.03.2025, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 15 litres of country-made liquor, which is alleged to have been recovered

Patna High Court CR. MISC. No.38974 of 2025(2) dt.25-06-2025 2/3 from the house of the petitioner, has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the said house is in dilapidated condition and nobody is residing in the said house. Counsel submits that only at the instance of local Chaukidar name of the petitioner has figured in this case. Counsel submits that in future no illegal activity shall take place from the dilapidated house. Counsel submits that the criminal antecedent of the petitioner is not clean as there is one criminal case pending against him which is of year 2022. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Excise Court No. I, Jamui, in

Patna High Court CR. MISC. No.38974 of 2025(2) dt.25-06-2025 3/3 connection with Lachhuar P.S. Case No.22 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T