Chhotan Choudhary @ Chotan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62674 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- CHAORI District- Bhojpur ====================================================== Chhotan Choudhary @ Chotan Chaudhary Son of Late Hira choudhary R/o Village - Andhari, P.S. - Chouri, Dist. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Chaori P.S.Case no. 123 of 2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, it is stated that two persons managed to escape. On a search being conducted, 150 litres of liquor was recovered from the bank of the river. The petitioner was identified by the local Choukidar as one of the accused who had managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his being on inimical terms with the said Chowkidar. Neither the

Patna High Court CR. MISC. No.62674 of 2025(2) dt.24-09-2025 2/2 petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has no concern with the seized liquor or the place of its recovery. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chaori P.S. Case no. 123 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Bhojpur, Ara. (Partha Sarthy, J) Bibhash U T