IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40801 of 2026 Arising Out of PS. Case No.-1255 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Rakesh Chaudhary @ Rakesh Kumar Son of Late Surendra Chaudhary @ Khalo Chaudhary Resident of village- Bhadeja P.S- Muffasil District -Gayaji. ... ... Petitioner/ Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Ramashish, Advocate For the Opposite Party : Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 24-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Mufassil P.S. Case No.1255 of 2025 registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 75 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that the name of petitioiner arrayed solely on Patna High Court CR. MISC. No.40801 of 2026(2) dt.24-06-2026 2/3 the basis of disclosure made by the local chowkidar. It is submitted that the recovery of illicit liquor was made from open place easily accessible by general public and not from the conscious conscious possession of this petitioner. Explaining criminal antecedent, it is submitted that the petitioner found involved in two more criminal cases, where he is on bail. 5. Learned APP opposed the prayer of anticipatory bail to the petitioner. 6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on 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 Exclusive Special Excise, Court No. 1, Gayaji in connection with Mufassil P.S. Case No.1255 of 2025, subject to the conditions as laid down under Section Patna High Court CR. MISC. No.40801 of 2026(2) dt.24-06-2026 3/3 438(2) of the CrPC/under Section 482(2) of the BNSS. aniket/- (Chandra Shekhar Jha, J) U T