Mukesh Chaudhary @ Mukesh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47404 of 2025 Arising Out of PS. Case No.-705 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Mukesh Chaudhary @ Mukesh Kumar Chaudhary S/o Late Maheshi Chadhary R/o Village-Khudaibag, P.S-.Khaira, District-saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Marhowrah P.S. Case No. 705 of 2024, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. On secret information, police party conducted raid and recovered 20 litre country made liquor from near Chakdara River. The local Chaukidar disclosed the name of petitioner that he fled away from the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of local Chaukidar. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Recovery has been made near the
Patna High Court CR. MISC. No.47404 of 2025(3) dt.02-09-2025 2/2 Chakdara River. Petitioner has three criminal antecedents, out of which two cases belong to Excise Act. He undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 2nd, Saran at Chapra in connection with Marhowrah P.S. Case No. 705 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T