Abhishek Kumar Chaturvedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45581 of 2025 Arising Out of PS. Case No.-582 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Abhishek Kumar Chaturvedi S/o Lalan Chaubey Resident of Village - Santhi, P.S. - Andar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Siwan Excise P.S. Case No. 582 of 2024, registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 902.80 liters liquor was recovered from Scorpio car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also

Patna High Court CR. MISC. No.45581 of 2025(2) dt.04-07-2025 2/3 submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case as being owner of the car in question and he has got no knowledge with regard to the nature of goods were kept in his car. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 20.02.2025 passed in Cr. Misc. No. 11902 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Excise P.S. Case No. 582 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.45581 of 2025(2) dt.04-07-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T