Intu Chaurasia @ Intu Kumar Chaurashiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84014 of 2025 Arising Out of PS. Case No.-367 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Intu Chaurasia @ Intu Kumar Chaurashiya S/O Late Shivjee Bhagat, Resident of Village- Dighwa, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Vardhan, Advocate For the State :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-12-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Baikunthpur P.S. Case No. 367 of 2025 dated 30.09.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the allegation, total 7 litre illicit liquor has been recovered from co-accused/Sikandar Thakur, who has been apprehended by the police on the spot and made confessional statement that the same has been received from the petitioner herein for selling.
4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.84014 of 2025(2) dt.17-12-2025 2/3 case. He further submits that the name of the petitioner has been transpired in the confessional statement of co-accused before police, which has no evidentiary value. As such, there is no legally admissible evidence against the petitioner.
5. As such, there is no prima facie case made out against the Petitioner under Excise Act and the Petitioner is entitled to get anticipatory bail.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
8. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Baikunthpur
Patna High Court CR. MISC. No.84014 of 2025(2) dt.17-12-2025 3/3 P.S. Case No. 367 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T