Rohit Chaudhary @ Rohit Kumar @ Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78463 of 2025 Arising Out of PS. Case No.-294 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== Rohit Chaudhary @ Rohit Kumar @ Chaudhary S/o- Sanjay Chaudhary Resident of village-Koilwantole Raghunath Bigha, PS- Haspura DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) and 30(c) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 250 litres of liquor from the house of Sanjay Choudhary, 170 litres of liquor from house of Kanhai Choudhary along with 3500 Kgs. of Jawa Mahua solution from a pond near the house of Kanhai Choudhary. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the house in

Patna High Court CR. MISC. No.78463 of 2025(2) dt.03-12-2025 2/3 question from where 250 litres of liquor is alleged to have been recovered is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that investigation in the case against the petitioner is still continuing.

4. Learned A.P.P. opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bond in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-II, Aurangabad in connection with Haspura P.S. Case No.294 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after

Patna High Court CR. MISC. No.78463 of 2025(2) dt.03-12-2025 3/3 accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T