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Patna High CourtCR. MISC./71858/2025allowed

Mukesh Chaudhary v. The State Of Bihar

2025-10-15Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71858 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Mukesh Chaudhary S/O Chandu Chaudhary R/O Village- Kayampur, P.S.- Giriyak, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Manpur P.S. Case No. 173 of 2024 dated 04.11.2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation is of recovery of 11 litres country made liquor from the bag of the son of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner rather the said illicit liquor has been recovered from the bag of apprehended person who happens to be the son of the

Patna High Court CR. MISC. No.71858 of 2025(2) dt.15-10-2025 2/2 petitioner. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Manpur P.S. Case No. 173 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Second, Bihar Sharif, Nalanda, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T