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2025 DAILYLAW 43936 (PAT)

Rajesh Chaudhary @ Rajesh kumar v. The State of Bihar

CR. MISC./31690/2025 · 2025-05-15

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 31690 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- GURARU District- Gaya ====================================================== 1. Rajesh Chaudhary @ Rajesh kumar son of Bhuneshwar chaudhary Village- Mathurapur, Ps- Guraru, Dist- Gaya 2. Awadhesh chaudhary Son of Bhuneshwar Chaudhary Village- Mathurapur, Ps- Guraru, Dist- Gaya ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bindeshwar Prasad Singh For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 15-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Guraru P.S. Case No. 76 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, there is alleged recovery of 10 litre country made liquor from the house of the petitioners. 4. Learned counsel for the petitioner submits that place of recovery is joint house and petitioners cannot be held liable for the same. He further submits that Patna High Court CR. MISC. No. 31690 of 2025(2) dt.15-05-2025 2/3 petitioners are residing separately in Delhi. Learned counsel further submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners. Seizure list has not been prepared as per law. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-2, Gaya in connection with Guraru P.S. Case No. 76 of 2025, subject to the conditions as laid down under Section 482(2) of Patna High Court CR. MISC. No. 31690 of 2025(2) dt.15-05-2025 3/3 B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T