Patna High CourtCR. MISC./52942/2025bail rejected

Kaushal Choudhary @ Kaushal Kumar Choudhary v. The State Of Bihar

2025-08-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52942 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== Kaushal Choudhary @ Kaushal Kumar Choudhary S/O Late Binod Choudhary @ Binod Kamat R/O- Village- Jagatpur Utarbari Tole, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagandeo Yadav, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, 36.255 litres of illicit liquor was recovered from the bamboo orchard located behind the house of Methar Paswan.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The

Patna High Court CR. MISC. No.52942 of 2025(2) dt.06-08-2025 2/2 alleged illicit liquor has been recovered from an open place, which is accessible to one and all.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of illicit liquor was recovered. Petitioner has got three criminal antecedents out of which two are of similar nature.

6. Considering the nature of accusation, recovery of huge quantity of illicit liquor and fact that petitioner has got three criminal antecedents out of which two are of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) Neha/- U T