IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81148 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KHUDWA District- Aurangabad ====================================================== Ram Raj Chaudhari Son of Late Tapan chaudhari @ Late Tabhan Chaudhari Resident of Village- Malwa, Ps- Khudwan, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aman Vishal For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-12-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 11 litres of liquor and 55 litres of jawa mahua from dalan of the petitioner. 4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and dalan is a place outside the house and it does not appear probable that a person would use his own field for committing an occurrence and thus Patna High Court CR. MISC. No.81148 of 2025(2) dt.17-12-2025 2/3 would get implicated. It is also submitted that it appears that someone inimical to the petitioner planted meager amount of liquor and jawa mahua with a view to implicate the entire family and he came to be implicated based on secret information, which is the easiest way to implicate someone. 5. Learned A.P.P. opposes the anticipatory bail application. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Khudwan P. S. Case No.90 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. The application stands allowed. 8. It is made clear that the learned trial Court after 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 even one case, then it Patna High Court CR. MISC. No.81148 of 2025(2) dt.17-12-2025 3/3 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 is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T