Abhishek Kumar Chaturvedi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66302 of 2025 Arising Out of PS. Case No.-454 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Abhishek Kumar Chaturvedi S/o Lalan Chaubey, Resident of Village - Santhi, P.S. - Andar (Raghunathpur), District - Siwan. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 454 of 2024, dated 28.11.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 949.575 litres of illicit Indian made foreign liquor was recovered from a Scorpio bearing registration no. BR-28AA-8443, which belongs to the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and name of the
Patna High Court CR. MISC. No.66302 of 2025(2) dt.24-09-2025 2/3 petitioner sprung up in the present case due to the fact that petitioner is the owner of the Scorpio in question. Petitioner was not apprehended from the place of occurrence, nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. In fact, none of the belongings including the mobile phones as shown in seizure belong to the petitioner. He lastly submits that petitioner claims clean antecedent.
5. Petitioner agrees to deposit a sum of Rs. 25,000/- to the Advocate's Association, Patna High Court, Patna.
6. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent, he is not named in the FIR and nothing has been recovered from his conscious possession, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special,
Patna High Court CR. MISC. No.66302 of 2025(2) dt.24-09-2025 3/3 Excise Court No. 1, Siwan, in connection with Mairwa P.S. Case No. 454 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S. (Ajit Kumar, J) Shahnawaz/- U T