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Patna High CourtCR. MISC./44003/2025allowed

Sukhdeo Ram @ Sukhdeo Choudhary v. The State Of Bihar

2025-07-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44003 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- EXCISE MASAUDHI District- Patna ====================================================== Sukhdeo Ram @ Sukhdeo Choudhary Son of Lakhman Ram Resident of Village - Taregna Mushahari, P.S.- Masaurhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Thana Masaurhi P.S. Case No. 11 of 2025 instituted for the offence under Sections 30(a), 32(3) and 56(b) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that two persons on a bike were apprehended and from their possession, altogether 45 liters of country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that nothing has been recovered from petitioner's possession. He has been named in this case, as he is the owner of the said bike. It is further submitted that One

Patna High Court CR. MISC. No.44003 of 2025(2) dt.18-07-2025 2/2 Ganesh Manjhi has taken his bike for the treatment of his mother but the same has been misused by him. He has got no knowledge regarding the said recovery. It is further submitted that the petitioner has no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise Thana Masaurhi P.S. Case No. 11 of 2025, he will be enlarged on 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 Special Judge, Excise-II, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T