Suraj Chaudhary @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

Suraj Chaudhary @ Suraj Kumar S/O Mahendra Chaudhary R/O vill - Narayanpur, P.s - Barbigha, Dist- Sheikhpura 2.

Shankar Chaudhary S/O Mahendra Chaudhary R/O vill - Narayanpur, P.s - Barbigha, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 8 litres county made liquor and other incriminating materials have been recovered from the house of co-accused Mahendra Chaudhary.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. Petitioners have been made accused only

Patna High Court CR. MISC. No.25 of 2025(2) dt.04-02-2025 2/2 on suspicion.

5. However, learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner No. 1 has got nine criminal antecedents out of which six antecedents are of similar nature and petitioner No. 2 has got one criminal antecedent of similar nature.

6. Considering the criminal antecedents, prayer for anticipatory bail of the petitioner No. 1 is refused.

7. However, the anticipatory bail with respect to petitioner No. 2 is allowed and it is ordered that let the above named petitioner No. 2 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Sheikhpura in connection with Barbigha P. S. Case No. 300 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T