Chandan Kumar @ Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61845 of 2025 Arising Out of PS. Case No.-907 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Chandan Kumar @ Chandan Rai Son of Dinesh Rai @ Dinesh Kumar Yadav R/o Village - Jagdishpur , Ward No. 4, P.S. - Paroo, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Muzaffarpur Excise P.S. Case No. 907 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018/2022.

3. As per prosecution case, on the basis of secret information, 63 litre beer was recovered from the hut and nearby people disclosed the name of petitioner, who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that

Patna High Court CR. MISC. No.61845 of 2025(2) dt.23-09-2025 2/3 source of information and name of nearby people have not been disclosed in the FIR which questions the authenticity of the prosecution story. He further submits that hut in question, from which so-called recovery has been made, does not belong to the petitioner. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Muzaffarpur in connection with

Patna High Court CR. MISC. No.61845 of 2025(2) dt.23-09-2025 3/3 Muzaffarpur Excise P.S. Case No. 907 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T