Chandeshwari Sardar @ Chandesari Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60826 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- Rajeshwari District- Supaul ====================================================== Chandeshwari Sardar @ Chandesari Sardar S/o Darpi Sardar, R/o VillCharne, Ward No.8, P.S.- Rajeshwari, Dist- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 40 litre illicit country made liquor from the house of petitioner which is made of Bamboo and Tin.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the place from where the alleged recovery has been made is the joint family property, which is made of Bamboo and Tin without gate. Learned counsel submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession and he

Patna High Court CR. MISC. No.60826 of 2025(2) dt.23-09-2025 2/2 has no concern with the alleged seized liquor. He further submits that petitioner had no knowledge with respect to seizure and there is no independent witness to the seizure list. Learned counsel submits that petitioner has got clean 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 counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Court concerned in connection with Rajeshwari P.S. Case No.57 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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