Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89864 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- Kaler District- Arwal ====================================================== Bhola Chaudhary, aged about-34 years, S/o Nathuni Chaudhary R/o VillageBelawan, P.S- Kaler, Dist- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kaler P.S. Case No. 141 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 25 litres Mahua liquor has been recovered from the payeen (drainage) near the canal at village Belawn.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the

Patna High Court CR. MISC. No.89864 of 2025(2) dt.23-12-2025 2/3 conscious possession of the petitioner. He next submits that name of the petitioner has been disclosed by the local Chaukidar who is inimical to the petitioner since long. He next submits that the alleged illicit Mahua Liquor has been recovered form the Payeen situated to the outside of the village but only on the basis of suspicion his name has been transpired in the present case. He next submits that petitioner was not arrested on the spot and he has got only one criminal antecedent as stated in para-3 of the bail petition.

5. However, learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submission of learned counsel for the petitioner and also the fact that alleged 25 litres Mahua liquor has not been recovered from the conscious possession of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.89864 of 2025(2) dt.23-12-2025 3/3 amount each to the satisfaction of learned Special Judge, Excise-II, Jehanabad in connection with Kaler P.S. Case No.141 of 2025 subject to the condition as laid down under Section 482 of BNSS.

(Ramesh Chand Malviya, J) Harshita/- U T