Munna ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17548 of 2026
                       Arising Out of PS. Case No.-150 Year-2025 Thana- RASULPUR District- Saran
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                 Munna Chaudhary Son of Late Raghunath Chaudhary Resident of Village -
                 Benaut, P.S.- Rasoolpur, District - Saran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hari Mohan Tripathi
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act in connection

                   with Rasulpur P.S.Case No. 150 of 2025.

                                3. As per the prosecution case, the police in course of

                   patrolling, received a confidential information regarding illegal

                   trade of illicit liquor by the petitioner and another. The police

                   then rushed to the place of occurrence and chased the accused

                   persons, who fled away. The name of the petitioner was

                   disclosed by the Chaukidar and local people.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.17548 of 2026(2) dt.25-03-2026
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          present case. The petitioner was not apprehended on the spot

          and nothing was recovered from his conscious physical

          possession.

                        5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                        6. The petitioner was not apprehended at the spot and

          therefore, no recovery has been made from the conscious

          physical possession of the petitioner. The petitioner has got two

          criminal antecedents, which have been disclosed by the

          petitioner in para-3 of the bail application. Also from perusal of

          the search and seizure memo, it appears that independent

          witnesses have not signed the same, casting a doubt over the

          validity and legality of the seizure itself.

                        7. Considering all these facts and circumstances of the

          case, I am inclined to grant privilege of anticipatory bail to the

          petitioner.

                        8. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail 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 Special Judge,          Excise

          Court No.2, Saran at Chapra in connection with Rasulpur
           Patna High Court CR. MISC. No.17548 of 2026(2) dt.25-03-2026
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                     P.S.Case No. 150 of 2025, subject to the conditions laid down

                     under section 438(2) of the Code of Criminal Procedure/Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

                     subject to further condition that :-

                                  (i) the petitioner shall co-operate in the investigation/

                     trial.

                                  (ii) the learned Court would, however, verify the

                     criminal antecedent of the petitioner and in case it is found that

                     the petitioner has concealed his criminal antecedent, the Court

                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T