Tuna Chaudhary @ Tunna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67483 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Tuna Chaudhary @ Tunna Kumar S/o- Binod Chaudhary @ Fulena Chaudhary Resident of village- Karinga Musahari PS- Muffasil Dist- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 641 of 2024, dated 25.10.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 65 litres of illicit country made liquor was recovered from different places while total 120 litres of semi-manufactured liquor was destroyed.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. He further submits that the alleged recovery has been made from an open place which is accessible to one and all

Patna High Court CR. MISC. No.67483 of 2025(3) dt.24-09-2025 2/2 and name of petitioner surface in the present case on the basis of disclosure made by local chowkidar without any basis. He lastly submits that petitioner claims clean antecedent.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent, nothing has been recovered from the conscious possession of the petitioner and recovery has been made from an open place which is accessible to one and all, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Court, Excise-I, Saran at Chapra / successor Court, in connection with Muffasil P.S. Case No. 641 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T