Anticipatory bail petition over recovery of 25 litres of Mahua liquor from a drainage near a canal. Court granted anticipatory bail, noting the liquor was not recovered from the petitioner's conscious possession.
Petitioner released on anticipatory bail on furnishing bail bonds of Rs 10,000 with two like sureties, subject to Section 482 BNSS conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89864 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- Kaler District- Arwal
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Bhola Chaudhary, aged about-34 years, S/o Nathuni Chaudhary R/o VillageBelawan, P.S- Kaler, Dist- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 23-12-2025
Heard learned counsel for the petitioner and
learned APP for the State.
for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.89864 of 2025(2) dt.23-12-2025 2/3
conscious possession of the petitioner. He next submits that name of the petitioner has been disclosed by the local Chaukidar who is inimical to the petitioner since long. He next submits that the alleged illicit Mahua Liquor has been recovered form the Payeen situated to the outside of the village but only on the basis of suspicion his name has been transpired in the present case. He next submits that petitioner was not arrested on the spot and he has got only one criminal antecedent as stated in para-3 of the bail petition.
Patna High Court CR. MISC. No.89864 of 2025(2) dt.23-12-2025 3/3
amount each to the satisfaction of learned Special Judge, Excise-II, Jehanabad in connection with Kaler P.S. Case No.141 of 2025 subject to the condition as laid down under Section 482 of BNSS.
(Ramesh Chand Malviya, J)
Harshita/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail for alleged excise offences when the liquor was not recovered from his conscious possession.
2 provisions across 2 enactments
Bhola Chaudhary
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
