Dismissed¶17

Rajesh Chaudhary @ Rajesh Chaudhari v. The State of Bihar

Patna HC21 Jan 2025CR. MISC./89399/2024

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Patna High Court, CRIMINAL MISCELLANEOUS No.89399 of 2024, decided 21-01-2025, Prabhat Kumar Singh, J. Anticipatory bail application of Rajesh Chaudhary @ Rajesh Chaudhari rejected; apprehension of arrest in Shahpur Patori PS Case No. 421 of 2024, District Samastipur; offences under Sections 274, 275 Bharatiya Nyaya Sanhita and Section 30(a) Bihar Prohibition and Excise Act; alleged recovery of 10 litres illicit liquor; maintainability objection citing Full Bench ruling in Ram Vinay Yadav vs. The State of Bihar, 2019(2) P.L.J.R. 1089 (F.B.).

What did the court decide?

The anticipatory bail application of the petitioner is rejected. ¶17

Rajesh Chaudhary @ Rajesh Chaudhari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89399 of 2024

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Arising Out of PS. Case No.-421 Year-2024 Thana- SHAHPUR PATORI District- Samastipur

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

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Rajesh Chaudhary @ Rajesh Chaudhari Son of Late Durga Chaudhri Resident of Village - Inayatpur Dhamoun, Ward No.14, P.S. - Shahpur Patory, District - Samastipur

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Versus

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The State of Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Khushi Awadh, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 21-01-2025

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Heard learned counsel for the petitioner and the State.

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Petitioner apprehends arrest in a case registered for the offences punishable under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, 10 liters illicit liquor was recovered from the house of the petitioner.

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Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

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Learned A.P.P. for the State submits that 10 liters

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Patna High Court CR. MISC. No.89399 of 2024(2) dt.21-01-2025 2/2

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illicit liquor was recovered from the hut of the petitioner. He further submits that this application for grant of anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.) .

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Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected.

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(Prabhat Kumar Singh, J)

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Navya/-

¶20

U T

Rajesh Chaudhary @ Rajesh Chaudhari v. The State of Bihar

Case brief

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Rajesh Chaudhary @ Rajesh Chaudhari v. The State of Bihar

Case brief

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