Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73006 of 2025 Arising Out of PS. Case No.-342 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.

Rajesh Chaudhary Son of Baban Chaudhary @ Babban Chaudhary Resident of Village- Mahamadpur, P.S.- Manjhi, District- Saran. 2.

Ajay Chaudhary @ Ajay Kumar Chaudhary Son of Sawaliya Chaudhary @ Sawali Chaudhary. Resident of Village- Mahamadpur, P.S.- Manjhi, DistrictSaran. 3.

Mohit Chaudhary @ Mohit Kumar Chaudhary Son of Krishan Chaudhary @ Krishna Chaudhary. Resident of Village- Mahamadpur, P.S.- Manjhi, District- Saran.

4.

Gulab Sahani Son of Late Madan Sahni. Resident of Village- Mahamadpur, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the FIR, police seized 15 liters of country made and 15 litres of foreign liquor from the fish market. One person was apprehended by the police, and he disclosed the name of the petitioners.

Patna High Court CR. MISC. No.73006 of 2025(2) dt.16-10-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in the instant case only on the basis of the confessional statement of the apprehended co-accused, Arvind Chaudhary, who was arrested on the spot. It is further submitted that there is no recovery from the conscious possession of the petitioner or from his house. It is lastly submitted that the petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and/ or premises belonging to the petitioners, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.73006 of 2025(2) dt.16-10-2025 3/3 the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No.342 of 2025, of subject to the condition as laid down under Section 482(2) of the BNSS.

(Ajit Kumar, J) shikha/- U T