IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84823 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Chandan Kumar @ Chandan Chaudhary Son of Madan Chaudhary Resident of Village - Prahalad Nagar, P.S. - Noorsarai, District - Nalanda ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Noorsarai P.S. Case No. 175 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 18 litre country made chulai liquor was recovered from the motorcycle in question. Local chaukidar and local people disclosed the name of the petitioner who fled away from the place of occurrence. It is alleged that the said motorcycle was seized at the place of occurrence. 4. Learned counsel for the petitioner orally submits that petitioner is not the owner of the said motorcycle in Patna High Court CR. MISC. No.84823 of 2024(3) dt.29-05-2025 2/3 question. Except disclosure of local chaukidar and local people, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession or house of the petitioner. Petitioner has nothing to do with the alleged recovery. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case and he orally submits that petitioner is on bail on the said case. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. He further submits that co- accused Ajay Kumar, who happens to be owner of the seized motorcycle in question, has already been granted anticipatory bail by the Co-ordinate bench of this Court vide Cr. Misc. No. 66823 of 2024 and the case of present petitioner stands on better footing as petitioner is not the owner of the said motorcycle in question, as orally submitted. Hence, petitioner deserves anticipatory bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Patna High Court CR. MISC. No.84823 of 2024(3) dt.29-05-2025 3/3 6. Considering the facts and circumstances of the case, co-accused has already been granted anticipatory bail by the Co-ordinate Bench of this Court, 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 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) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge cum Special Judge Excise IInd, Nalanda at Bihar Sharif in connection with Noorsarai P.S. Case No. 175 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T