IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41295 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1. Sujay Chaudhary @ Dhundala @ Sanjay Kumar Chaudhary S/O Late Dhaneshwar Chaudhary Resident of Village- Hariharganj, P.S- Nasriganj, District- Rohtas. 2. Dhananjay Chaudhary @ Chhinmata @ Dhananjay Kumar S/O Late Dhaneshwar Chaudhary Resident of Village- Hariharganj, P.S- Nasriganj, District- Rohtas. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Siddharth Harsh For the Opposite Party/s : Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Nasriganj P.S. Case No.202 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, 135 litre mahua liquor was recovered from the bank of sone river. Local chowkidar disclosed the name of petitioners and other who fled away from the place of occurrence. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as Patna High Court CR. MISC. No.41295 of 2025(2) dt.09-07-2025 2/3 alleged in the FIR and they have falsely been implicated in this case. Petitioner no. 1 bears two criminal antecedent and petitioner no. 2 bears one criminal antecedent and petitioners have been falsely implicated by local chowkidar in a similar manner without any basis and petitioners are already on bail in the said cases. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioners. The place of recovery is sone river which is open place and does not belong the petitioners and same is accessible to all and petitioners cannot be held liable for the alleged recovery. He further submits that seizure list is in the complete violation of mandatory provision of B.N.S.S. In the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioners. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners as petitioners are stated to have fled away from the place of occurrence and there is alleged recovery of 135 litre mahua liquor from the place of occurrence. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the Patna High Court CR. MISC. No.41295 of 2025(2) dt.09-07-2025 3/3 petitioners above-named, in the event of his 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 Exclusive Special Judge Excise Court No. 2, Rohtas at Sasaram in connection with Nasriganj P.S. Case No.202 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T