Anil Chaudhary @ Karu Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anil Chaudhary @ Karu Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Excise Court I, Nawada, in the event of arrest or surrender within four weeks.

Issue for consideration

Whether the petitioner, apprehending arrest in Govindpur P.S. Case No. 302 of 2024 registered for an offence punishable under section 30(d) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail.

Ratio / Principle

Anticipatory bail granted: the petitioner, in the event of arrest or surrender before the Court below within four weeks, is to be released on bail in Govindpur P.S. Case No. 302 of 2024 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Excise Court I, Nawada; the grant takes into account the nature of allegation in the FIR and that the petitioner has no antecedent under the Bihar Prohibition and Excise Act, 2016.

Detailed headnote1 paragraphs

Anticipatory bail – Bihar Prohibition and Excise Act, 2016, S. 30(d) – Petitioner apprehended arrest in Govindpur P.S. Case No. 302 of 2024 (District Nawada), wherein per the informant persons raising hulla fled on police arrival, a 20-litre can was thrown, and 200 litres of country liquor in 10 cans was recovered; the choukidar identified the fleeing person as the petitioner – Petitioner pleaded false implication due to enmity, that he was named only in the later part of the FIR, that no incriminating article was recovered from his possession, and that he has no criminal antecedent – Considering the nature of allegation in the FIR, the submissions, and specially that the petitioner has no antecedent under the Act, anticipatory bail granted: petitioner, if arrested or surrendering before the Court below within four weeks, to be released on 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 Excise Court I, Nawada. (Partha Sarthy, J) [Oral Order dated 09-01-2025]

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90313 of 2024

Arising Out of PS. Case No.-302 Year-2024 Thana- GOVINDPUR District- Nawada

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Anil Chaudhary @ Karu Chaudhary Son of Kailash Chaudhary Resident of Village - Baghaur, Police Station - Govindpur, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 09-01-2025

Heard learned counsel for the parties.

The petitioner in this application prays for bail

apprehending his arrest in connection with Govindpur P.S. Case no.302 of 2024 registered for the offence punishable under section 30(d) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the informant states that a number of persons were raising hulla. On the police reaching the place of occurrence, the accused persons started to run away. They threw a 20 litres can which was being carried and managed to escape. It is stated that a total of 200 litres of country liquor in 10 cans was recovered. The choukidar identified the person who escaped as the petitioner herein.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.90313 of 2024(2) dt.09-01-2025 2/2

being on inimical terms. The choukidar while in the first part of the FIR stated that a large number of persons were raising hulla, however it is only the petitioner who has named in the subsequent part thereof. No incriminating article has been recovered from the petitioner’s possession. The petitioner has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the submissions made and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Govindpur P.S. Case no.302 of 2024 on 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 Excise Court I, Nawada.

(Partha Sarthy, J)