MUNNA CHAUDHARY @ MUNNA KUMAR CHAUDHARYversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24797 of 2026
                   Arising Out of PS. Case No.-347 Year-2022 Thana- BHAGWAN BAZAR District- Saran
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                 Munna Chaudhary @ Munna Kumar Chaudhary S/O Lagan Chaudhary R/O
                 Vill-Chhota Teliya, Ps-Nagar, Dist-Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Brajesh Sahay, Advocate
                                          :      Mr. Noumaan Ahmad, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr. Brajesh Sahay, learned counsel for the

                   petitioner and Mr. Pradeep Narain Kumar, learned Additional

                   Public Prosecutor for the State.

                                    2. The petitioner is apprehending his arrest in

                   connection with Bhagwan Bazar P.S. Case No. 347 of 2022,

                   F.I.R dated 13.07.2022 registered for the offences punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act.

                                    3. Recovery is of 400 liters of illicit liquor.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R is false and fabricated. He further submits that it

                   appears from the F.I.R that nothing has been recovered from the
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          conscious possession of the petitioner rather the recovery has

          been made from the vehicle in question. The petitioner has no

          concern at all with the alleged recovery of liquor or the vehicle

          in question and similarly situated co-accused persons, namely,

          Dawarika Choudhary, bhikari @ Bhikhari Kumar @ Saroj

          Kumar @ Amit and Ramesh Ray @ Ramesh Kumar Ray have

          been granted the privilege of anticipatory bail by this Court

          vide order dated 22.11.2022 and 21.11.2022 in Cr. Misc. No.

          54249 of 2022 and Cr. Misc. No. 51037 of 2022. There is non-

          compliance with mandatory procedure prescribed for recovery

          under Section 100 of Cr.P.C / Section 103 of Bhartiya Nagarik

          Suraksha Sanhita. No case, whatsoever, would be made out

          against the petitioner under the Bihar Prohibition and Excise

          Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable. He further submits that

          petitioner carries two criminal antecedents other than the present

          one but fairly submits on the basis of paragraph-3 of the bail

          application that the petitioner is on bail in the said matters.
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                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, 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 the learned Additional

          Sessions Judge-cum-Exclusive Special Court Excise Act-I,

          Saran at Chapra in connection with Bhagwan Bazar P.S. Case

          No. 347 of 2022, subject to the conditions as laid down under

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

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
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                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                      ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage 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, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T