Rohit Kumar Chaudhary @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53253 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- EKMA District- Saran ====================================================== Rohit Kumar Chaudhary @ Rohit Kumar S/O Kanhaiya Chaudhari Resident of Village- Parsagarh Bazar, P.S.- Ekma, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, 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. Petitioner apprehends arrest in connection with Ekma P.S. Case No.41 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is a recovery of 15 litres country made liquor from near the house of the petitioner and the petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of confessional statement of apprehended accused persons. Further submission is that nothing has been recovered from conscious possession of the petitioner. The alleged recovery was made from near the house

Patna High Court CR. MISC. No.53253 of 2025(2) dt.18-08-2025 2/2 of the petitioner which is open place accessible to the public. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent and 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 counsels 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st, Exclusive Special Excise Judge, Saran at Chapra in connection with Ekma P.S. Case No.41 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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