Shri Ramu Chaudhary @ Ramu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Shri Ramu Chaudhary @ Ramu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Samastipur, subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with N.H. Bangra P.S. Case No. 50 of 2025 registered under Section 30(a) of the Bihar Prohibition & Excise Act, should be granted anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the Court below within six weeks, the petitioner shall be released on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. I, Samastipur, in connection with N.H. Bangra P.S. Case No. 50 of 2025.

Key takeaways

The grant of anticipatory bail is made subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Sunil Dutta Mishra, J), 18-08-2025, Cr. Misc. No.53433 of 2025 arising out of N.H. Bangra P.S. Case No. 50 of 2025, Samastipur, registered under Section 30(a) of the Bihar Prohibition & Excise Act. Prosecution case alleges recovery of 41.250 litres of foreign and country made liquor from the house of co-accused Manoj Chaudhari, brother of the petitioner; counsel contended the petitioner was neither present on the spot nor had any incriminating article recovered from his conscious possession, and had one non-Excise criminal antecedent in which he is on bail. Considering the facts, circumstances and submissions, the Court directed that, in the event of arrest or surrender before the Court below within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Samastipur, subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53433 of 2025

Arising Out of PS. Case No.-50 Year-2025 Thana- BANGARA District- Samastipur

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

Shri Ramu Chaudhary @ Ramu Kumar, S/o Late Jagat Chaudhari, R/o village - Mundipur, Ps- Bangra, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 18-08-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends arrest in connection with N.H. Bangra P.S. Case No. 50 of 2025 for the offence registered under Section 30(a) of Bihar Prohibition & Excise Act.

As per the prosecution case, there is recovery of

41.250 litres of foreign and country made liquor was made from the house of the co-accused Manoj Chaudhari, who is the brother of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Recovery is made from the brother of the petitioner and the petitioner is not residing with his brother. Petitioner was neither present on the spot nor any incriminating article has

Patna High Court CR. MISC. No.53433 of 2025(2) dt.18-08-2025 2/2

been recovered from the conscious possession of the petitioner and as such, the petitioner being the brother of the co-accused, has been implicated in this case. Petitioner has one criminal antecedent which does not belong to the Excise Act, in which he is on bail. He undertakes to cooperate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. I, Samastipur in connection with N.H. Bangra P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J)

khushbu/-