Jagarnath Choudhary @ Jagnarayan Choudhary @ Jaganath Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65530 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== Jagarnath Choudhary @ Jagnarayan Choudhary @ Jaganath Choudhary S/O Late Ganga Choudhary @ Late Ganga Prasad Choudhary R/O VillageHariharganj, PS- Rajpur, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Nasriganj P.S. Case No. 264 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. As per prosecution case, 15 litre country made liquor was recovered from the kabristaan and police identified petitioner and other who fled away from the place of occurrence.
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. The place of recovery is an open place place which is accessible to all and petitioner cannot be held liable for the
Patna High Court CR. MISC. No.65530 of 2025(2) dt.24-09-2025 2/2 alleged recovery. Due to some personal grudge, police has falsely implicated the petitioner in the present case. Seizure list has not been prepared as per law. Petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner.
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 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 Excise Judge-II, Sasaram, Rohtas in connection with Nasriganj P.S. Case No. 264 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.
(Alok Kumar Pandey, J) vashudha/- U T