Rajesh Choudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rajesh Choudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail — release on bail upon arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Judge II, Araria, in connection with Bhargama Police Station Case No. 229 of 2024.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Bhargama Police Station Case No. 229 of 2024, dated 27.07.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. +1 more

Court's answer

In the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Judge II, Araria, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Anticipatory bail is granted because the illicit liquor was not recovered from the conscious possession of the petitioner but from the back of his house, an open space accessible to all and sundry.

Detailed headnote1 paragraphs

Anticipatory bail — Sections 30(a) Bihar Prohibition and Excise Act, 2016 and 438(2) CrPC — Bhargama PS Case No. 229 of 2024 (Araria): 22.50 liters of country made liquor recovered from a plastic bag left behind by a fleeing person at the back of the petitioner's house, an open space accessible to all and sundry; recovery not from the petitioner's conscious possession — anticipatory bail granted on bail bond of Rs. 10,000 with two sureties of the like amount each, subject to Section 438(2) CrPC conditions, surrender/arrest window of four weeks, before the District and Additional Sessions Judge-cum-Exclusive Special Judge II, Araria.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3282 of 2025

Arising Out of PS. Case No.-229 Year-2024 Thana- BHARGAMA District- Araria

======================================================

Rajesh Choudhari Son of Pannalal Choudhari village- Charaiya Mangalwar, Ward no. 13, Ps- Bhargama, Dsit- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Veena Kumari Jaiswal ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 20-02-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Bhargama Police Station Case No. 229 of 2024, dated 27.07.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’).

3. The prosecution case, as per the First Information Report, is that the police, on information that the petitioner was indulged in selling illicit liquor, reached at the place of occurrence. On seeing the police party, one person carrying plastic bag started fleeing away towards back of his house and succeeded in it after leaving the plastic bag behind. Upon search of the plastic bag, the police

Patna High Court CR. MISC. No.3282 of 2025(2) dt.20-02-2025 2/3

recovered 22.50 liters of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present case on mere suspicion and on the basis of concocted story. He next submits that illicit liquor has not been been recovered from the conscious possession of the petitioner and/or from the premises belonging to him. Rather, illicit liquor has been recovered from back of his house, which is an open space accessible to all and sundry.

5. Regards being had to the submission made by the parties and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner, rather, the same has been recovered from back of his house which is an open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.3282 of 2025(2) dt.20-02-2025 3/3

to the satisfaction of the learned District and Additional Sessions Judge -cum- Exclusive Special Judge II, Araria, in connection with Bhargama Police Station Case No. 229 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

ashwani/-

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