Santosh Chaudhary @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47291 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== 1.
Santosh Chaudhary @ Santosh Kumar S/o Birendra Chaudhary R/o VillageKaddutar, P.S.- Jandaha, District- Vaishali 2.
Lalu @ Ratnesh Kumar Chaudhary @ Ratnesh Kr. S/o Manoj Chaudhary R/o Village- Kaddutar, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioners who apprehend their arrest in connection with Jandaha P.S. Case No.84 of 2025 lodged on 27.02.2025, for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, the total recovery of 21.195. liters of illicit liquor have alleged to be made from a pick-up
Patna High Court CR. MISC. No.47291 of 2025(2) dt.30-07-2025 2/3 van, which is subject matter of the present case.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that petitioners have been falsely implicated in the present case. The said recovery has not been made from conscious possession of the petitioners and by virtue of local people, their names have been figured in this case.
5. Counsel submits that the criminal antecedent of the petitioners is clean and petitioners were apprehended on the spot. He further submits that petitioners are not owner of the said pick-up van.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that antecedent of the petitioners is clean.
7. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No.1-cumAdditional District and Sessions Judge, Vaishali at Hajipur, in
Patna High Court CR. MISC. No.47291 of 2025(2) dt.30-07-2025 3/3 connection with Jandaha P.S. Case No.84 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T