Raja Kumar ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33986 of 2026
                   Arising Out of PS. Case No.-569 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Raja Kumar Chaudhary S/o Ramdev Chaudhary Resident of Village- Godam
                 Tol, P.S. -Ladaniya, District- Madhubani              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s:      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026                     Heard learned counsel for the parties through

                   virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Babubarhi P.S. Case No. 569 of 2025, F.I.R.

                   dated 16.12.2025, registered for the offences punishable under

                   Section 30(a), 41 of Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, police had recovered

                   53.640 litres of Nepali Liquor from a motorcycle bearing

                   Registration No. BR32AV6769.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. The alleged recovery has been made from the

                   motorcycle belonging to the petitioner; however, as a matter of

                   fact, the said motorcycle was given to the co-accused, namely,

                   Krishna Kumar, but the same was misused for trafficking illicit

                   liquor without the knowledge or involvement of the petitioner. It

                   is further submitted that the petitioner has no criminal
            Patna High Court CR. MISC. No.33986 of 2026(2) dt.21-05-2026
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                      antecedent and is ready to abide by all terms and conditions as

                      may be imposed by this Court while granting the privilege of

                      anticipatory bail.

                                   5. Learned APP for the State opposes the prayer for

                      grant of anticipatory bail application.

                                   6. Regard being had to the submissions made by the

                      parties, and taking into consideration the fact that the illicit

                      liquor has not been recovered from the constructive possession

                      of the petitioner, this Court is inclined to grant anticipatory bail

                      to the petitioners.

                                   7. Let the petitioner, above named, be released on

                      anticipatory bail in the event of arrest or surrender before the

                      court below within a period of four weeks from today on

                      furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                      with two sureties of the like amount each to the satisfaction of

                      learned Exclusive Special Judge, Excise, Madhubani in

                      connection with Babubarhi P.S. Case No. 569 of 2025 subject

                      to the condition as laid down under Section 482(2) of the

                      B.N.S.S., 2023.


                                                                           (Ajit Kumar, J)
Shikha/-
Rakesh/-
U       T