Kamlesh ChaudhariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34036 of 2026
                     Arising Out of PS. Case No.-913 Year-2021 Thana- ARA NAGAR District- Bhojpur
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                 Kamlesh Chaudhari Son of Ramnath Chaudhary Resident of Village-
                 Koshihan, P.S.- Chandi, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Ara Nagar P.S. Case No.913 of 2021, for allegedly having

                   committed offences under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the statement made by the informant, to the

                   effect that on 25.12.2021, while he was on evening patrolling

                   duty with the police personnel, at around 18:45 hours, he got a

                   secret information that three persons have kept country made

                   Mahua wine near Meerachak Mahavir Mandir in a plastic

                   container. After giving information to the senior police officials,

                   the informant reached the place of occurrence and upon seeing
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          the police party, three persons tried to flee away from there after

          leaving the plastic container. On chase, one person was

          apprehended, while two persons succeeded in fleeing away,

          taking advantage of the darkness. The arrested person disclosed

          his name as Dharmendra Choudhary and further disclosed the

          name of the petitioner and one Hilam Choudhary. On search, 20

          litres of country made Mahua wine was recovered for which

          seizure list was prepared.

                       4. The learned counsel for the petitioner submits that

          the name of the petitioner has transpired on the basis of the

          confessional statement made by the co-accused before the police

          and apart from the same, nothing has been alleged against the

          petitioner. Since the petitioner was not present at the place of

          occurrence, nothing has been recovered from his possession. It

          is also submitted that the petitioner has got no concern with the

          alleged seized wine and the seizure has been done from an open

          place, which is accessible by any person. The petitioner is

          working in Delhi to earn his livelihood and in the Holi festival,

          he was at his native place, then he came to know about the

          present case. It is further submitted that the petitioner has got a

          clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer
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          for anticipatory bail of the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the petitioner

          was not present at the place of occurrence. 20 litres of country

          made Mahua wine was seized and one Dharmendra Choudhary

          was arrested from the place of occurrence and on his disclosure,

          the name of the petitioner has come. Since the petitioner was not

          present at the place of occurrence, there is no question of any

          recovery from him and he has also got a clean antecedent.

                       7. Taking into consideration the facts aforesaid, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released 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 Excise Court No.1st, Bhojpur at Ara in

          connection with Ara Nagar P.S. Case No.913 of 2021, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.

          with a further condition that:-

                       The learned court concerned 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 concerned shall take steps for cancellation of bail bond of
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                         the petitioner. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T