Shivendra Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49332 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Shivendra Kumar Choudhary S/o Sunil Choudhary R/o Village- Ward no.12, Chandauli, P.S.- Tajpur, Disrict- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Suneil Kumar Thakur, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pandaul P.S. Case No. 84 of 2025 instituted for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a vehicle which was in accidental condition and from that vehicle, 293 liters of beer was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.49332 of 2025(2) dt.06-08-2025 2/3 committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the petitioner has been named in this case as he is the owner of the car. He has also submitted that while he was travelling, he met with an accident and went to hospital with the help of a biker. He is unaware of the said liquor or recovery. He is not concerned in any way with the recovery rather he himself was injured in the accident. He has also submitted that he has purchased the car five days ago. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner stating that huge amount of liquor has been recovered.

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 Pandaul P.S. Case No. 84 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

Patna High Court CR. MISC. No.49332 of 2025(2) dt.06-08-2025 3/3 satisfaction of learned Exclusive Special Judge (Excise Court), Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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