Umesh Chaudhary @ Umesh Kumar ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24231 of 2026
                      Arising Out of PS. Case No.-66 Year-2026 Thana- JANTA BAZAR District- Saran
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                 Umesh Chaudhary @ Umesh Kumar Chaudhary S/o- Late Laddu Chaudhary
                 Village- Shobhipur PS- Janta Bazar, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Roshan Kumar
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Janta Bazar Police Station Case No. 66 of 2026, dated

                            07.03.2026, disclosing offence under Section 30 (a) of the

                            Bihar Prohibition and Excise Act, 2016.

                       3.   The prosecution case, as per the First Information Report,

                            is that the police, on secret information, raided near a

                            pond in village Najirganj Chawar and on seeing the

                            police, four persons fled away. Upon search, the police

                            recovered 25 litres of illicit country-made liquor and 2000

                            litres of fermented liquor, which was destroyed by the

                            police. The police also recovered cylinder, stove, utensils

                            etc. meant for manufacturing illicit liquor. The Mahal
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                   Chowkidar has disclosed the name of the petitioner and

                   others as the persons who fled away from the spot.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   this case on the basis of disclosure of his name by the

                   Mahal Chowkidar. He further submits that the illicit

                   liquor and other articles were recovered from near a pond,

                   which is an open space and is accessible to all and sundry.

                   He further submits that similarly situated co-accused

                   persons, namely, Krishna Choudhary (vide order, dated

                   08.04.2026, passed in Criminal Misc. No. 23044 of 2026)

                   and Pawan Choudhary (vide order, dated 07.04.2026,

                   passed in Criminal Misc. No. 22195 of 2026) have been

                   granted anticipatory bail by a co-ordinate Bench of this

                   Court.

              5.   Regards being had to the submission advanced on behalf

                   of the parties concerned and taking into consideration the

                   fact that the name of the petitioner transpired in this case

                   on the basis of disclosure of his name by the Mahal

                   Chowkidar, the recovery is made from near a pond, which

                   is an open space and similarly situated co-accused

                   persons have been granted anticipatory bail by a co-
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                               ordinate Bench of this Court, I am inclined to grant the

                               petitioner privilege of anticipatory bail.

                          6.   This application is, accordingly, allowed.

                          7.   Let the petitioner, above named, in the event of his arrest

                               or surrender before the Court below within four weeks, be

                               released on bail on furnishing bail bond of Rs. 10,000/-

                               (ten thousand) with two sureties of the like amount each

                               to the satisfaction of learned Exclusive Special Excise

                               Court No. 3, Saran, at Chapra, in connection with Janta

                               Bazar Police Station Case No. 66 of 2026, subject to the

                               condition laid down under Section 482 (2) of the

                               Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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