IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30200 of 2026 Arising Out of PS. Case No.-166 Year-2026 Thana- LAURIA District- West Champaran ====================================================== 1. Govind Chaudhary S/O Ramagya Chaudhary R/O Pakari Nonia Toli, P.S.- Laurirya, District- West chamapran 2. Shailesh Chaudhary alias Shailesh Kumar Ashok Chaudhary Pakari Nonia Toli, P.S. Laurirya District West chamapran 3. Upendra Chaudhary alias Upendra Kumar Brijbasani Chaudhary Pakari Nonia Toli, P.S. Laurirya District West chamapran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 08-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 02. In the present case, the petitioners are apprehending their arrest in connection with Lauriya P.S. Case No. 166 of 2026 registered for the alleged offences under Section 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 03. As per prosecution case, while patrolling, the police party received information about the petitioners ferrying country made chulai liquor, a raid was conducted and police party reached the identified place from where three persons fled away from the spot despite chase. The local chowkidar identified the petitioners Patna High Court CR. MISC. No.30200 of 2026(2) dt.08-05-2026 2/3 as the escaped persons. From search of the place, recovery of 60 litre of country made chulai liquor was made kept in jerry cans. 04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. The prosecution story is not believable that despite prior information the miscreants could not be apprehended by the police party. The local chowkidar was not made a witness on seizure list and this makes the case suspicious. The place from where recovery has been made is a public place situated near a canal and was accessible to all. The story of the identification by the local chowkidar in the dead of night is highly improbable. The witnesses are members of police party and no videography was done and there is complete violation of the provisions of BNSS with regard to search and seizure. Learned counsel further submits that the petitioners are having criminal antecedents. Petitioner no. 1 is having antecedent of one case and petitioner no. 2 is having antecedent of two cases and petitioner no 3 has antecedent of one case and they are on bail in all the cases. 05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners. Learned A.P.P. submits the petitioners bear criminal antecedents of similar nature and recovery of illicit country made liquor was made when Patna High Court CR. MISC. No.30200 of 2026(2) dt.08-05-2026 3/3 a raid was conducted by the police and local chowkidar identified the petitioners. 06. In the light of nature of allegation and criminal antecedent of similar nature of the petitioners, I do not think it is a fit case for grant of anticipatory bail. Hence, the prayer for grant of anticipatory bail to the petitioners is rejected. Anuradha/- (Arun Kumar Jha, J) U T