Kanhai Chaudhary @ Kanhai ChaudhriversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34042 of 2026
                  Arising Out of PS. Case No.-48 Year-2026 Thana- Daudnagar Excise District- Aurangabad
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                 Kanhai Chaudhary @ Kanhai Chaudhri son of Late Rameshwar Chaudhary @
                 Rameshwar Chaudhri Resident of vill-Koilwan tola Raghunath bigha PS-
                 Haspura Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Singh, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, 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 Daudnagar Excise P.S. Case No.48 of 2026, for allegedly

                   having committed offence 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 written information submitted by the informant,

                   to the effect that on 30.01.2026, at about 10:00 a.m., while the

                   informant along with police party on patrolling duty, at around

                   12:30 p.m., he saw a person coming and carrying bag in his hand.

                   Upon seeing the police, he tried to flee away, but was caught by

                   the police party. He disclosed his name as Vijay Choudhary and on

                   search of his bag, total 10 litres of illicit Chulai liquor was
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          recovered. On the basis of the confessional statement made by the

          arrested person, the name of the petitioner transpired in the case.

                       4. The learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed the present offence.

          Nothing was recovered from the possession of the petitioner. The

          petitioner was not present at the spot and his name has transpired

          only on the basis of the confessional statement made before the

          police by the arrested person, from whom 10 litres of illicit liquor

          was recovered. The petitioner has got no concern with the alleged

          seized illicit liquor. He further submits that the petitioner has been

          made accused in six other cases of similar nature and in all the

          cases, he is on bail.

                       5. The learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that the petitioner is

          a habitual offender, who is accused in six other cases of similar

          nature, therefore he does not deserve the privilege of anticipatory

          bail.

                       6. Having heard the learned counsel for the parties and

          after going through the records, it appears that the name of the

          petitioner has transpired on the confessional statement made by the

          arrested person, namely, Vijay Choudhary, who was caught by the

          police with 10 litres of illicit liquor. Since, the petitioner was not

          present at the place of occurrence, there is no question of any
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                         recovery from him. The allegation of the co-accused is that the

                         petitioner used to sell the said liquor and he had purchased the

                         liquor from the petitioner.

                                      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 Special

                         Judge Excise Court No.-II, Aurangabad, Bihar in connection with

                         Daudnagar Excise P.S. Case No.48 of 2026, 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 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