Mahesh Chaudhary @ Mahesh Kumar Chaudhary v. The State of Bihar
CR. MISC./7352/2025 · 2025-02-20
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13872 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13872 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7352 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- RUDRAPUR District- Madhubani ====================================================== Mahesh Chaudhary @ Mahesh Kumar Chaudhary Son of Daphedar Chaudhari Village- Karnpur, Ward No-5, P.S.- Rudrapur, District- Madhubani ... ... Petitioner Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Ms/Mrs. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 20-02-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act and sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, 9.9 liters nepali saufi wine was recovered from the house of the petitioner.
4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State submits that the alleged nepali saufi wine was recovered from the house of the petitioner. He further submits that this application for grant of
Patna High Court CR. MISC. No.7352 of 2025(2) dt.20-02-2025 2/2 anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected.
Shashi (Prabhat Kumar Singh, J) U T