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Patna High CourtCR. MISC./53433/2025allowed

Shri Ramu Chaudhary @ Ramu Kumar v. The State Of Bihar

2025-08-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53433 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- BANGARA District- Samastipur ====================================================== Shri Ramu Chaudhary @ Ramu Kumar, S/o Late Jagat Chaudhari, R/o village - Mundipur, Ps- Bangra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with N.H. Bangra P.S. Case No. 50 of 2025 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 41.250 litres of foreign and country made liquor was made from the house of the co-accused Manoj Chaudhari, who is the brother of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Recovery is made from the brother of the petitioner and the petitioner is not residing with his brother. Petitioner was neither present on the spot nor any incriminating article has

Patna High Court CR. MISC. No.53433 of 2025(2) dt.18-08-2025 2/2 been recovered from the conscious possession of the petitioner and as such, the petitioner being the brother of the co-accused, has been implicated in this case. Petitioner has one criminal antecedent which does not belong to the Excise Act, in which he is on bail. He undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Samastipur in connection with N.H. Bangra P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) khushbu/- U T