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2025 DAILYLAW 37231 (PAT)

Munna @ Munna Chaudhary v. The State of Bihar

CR. MISC./26611/2025 · 2025-05-07

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26611 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- MINAPUR District- Muzaffarpur ====================================================== Munna @ Munna Chaudhary S/o Late Gauri Shankar Chaudhary R/o Vill.- Turki Purani Gharari, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s : Mr.Abhay Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 07-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Minapur PS Case No. 54 of 2025 dated 16.02.2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation is of recovery of 38.7 liters of illicit Nepali liquor from the asbestos house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Further submission is that the seizure list has not been prepared in accordance with law. 5. Learned APP for the State has opposed the prayer Patna High Court CR. MISC. No.26611 of 2025(2) dt.07-05-2025 2/2 for anticipatory bail by referring to the provisions of Section 76(2) of the Bihar Prohibition and Excise Act, and has submitted that the petition for pre-arrest bail is not maintainable under the said provision. 6. Having regard to the fact that 38.7 liters of illicit Nepali liquor has been recovered from the house of the petitioner, this Court is not inclined to grant the privilege of anticipatory bail. 7. Accordingly, the prayer for anticipatory bail made on behalf of the petitioner stands rejected. shyambihari/- (Khatim Reza, J) U