Vishvajeet Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50942 of 2025 Arising Out of PS. Case No.-238 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== Vishvajeet Choudhary S/o Dinesh Choudhary R/o village- Panduri @ Parari, P.S- Nasariganj, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Nasriganj P.S. Case No. 238 of 2025, dated 27.06.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 200 litres of illicit Mahua wine, 08 drums of fermented Mahua, 15 bags of jaggery (gur), and a gas cylinder was made near the Sone River, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the criminal antecedent of the petitioner is clean and he is basically a victim in the present case. He further submits that his name has been figured in this case by virtue of

Patna High Court CR. MISC. No.50942 of 2025(2) dt.11-08-2025 2/2 the confessional statement of the apprehended accused person. He also submits that nothing has been recovered from the possession of the petitioner. Additionally, he submits that the petitioner is ready to comply with any conditions whatsoever that may be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that, as per the pleadings, the petitioner has no criminal antecedents.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Spl. Judge, Excise- II, Sasaram, Rohtas, in connection with Nasriganj P.S. Case No. 238 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T