Deepak Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64766 of 2025 Arising Out of PS. Case No.-380 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Deepak Kumar Chaudhary, S/o Rajendra Chaudhary, R/o Village- Hasanpura, P.S.- M.H. Nagar (Hasanpura), District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-09-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Ramesh Chandra, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Siwan Excise P.S. Case No. 380 of 2025 dated 06.06.2025 registered for the offences punishable under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act (in short 'Excise Act').

3. The main submissions advanced by petitioner's counsel are that the petitioner is not alleged to be present with the apprehended co-accused Shrawan Chaudhary and he has been made accused mainly on account of he being the registered owner of the alleged vehicle from which the alleged 17.560 litres of liquor is said to have been recovered. It is further submitted that the petitioner bears no criminal antecedent and his past history is completely clean and he has not remained involved in any kind of offence relating to the Excise Act. It is lastly submitted that the material, upon which the prosecution has

Patna High Court CR. MISC. No.64766 of 2025(2) dt.24-09-2025 2/2 based its allegations against this petitioner, is not sufficient even prima facie to show the petitioner's involvement in the alleged offences punishable under the Excise Act, under which the FIR has been registered, so, his prayer for anticipatory bail is not hit by the provisions of section 76(2) of the Excise Act.

4. Learned APP appearing for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case as well as considering the submissions as stated above and coupled with petitioner's fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Siwan Excise P.S. Case No. 380 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) annu/- U T