Raja Chaudhary @ Raja Kr. Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81006 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Raja Chaudhary @ Raja Kr. Chaudhary Son of Late Satrughan Chaudhary R/oi Village - Parkhauli, P.S. - Lalganj, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from the house of Ravi Chaudhary.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question 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
Patna High Court CR. MISC. No.81006 of 2025(2) dt.11-12-2025 2/3 knowledge and he came to be implicated based on confessional statement of Ravi in police custody which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Lalganj P.S. Case No. 37 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.81006 of 2025(2) dt.11-12-2025 3/3 anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T