Patna High Court
CR. MISC./86824/2025 of Sri Ram Chaudhary Vs The State of Bihar on 24 December 2025
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86824 of 2025 Arising Out of PS. Case No.-217 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Sri Ram Chaudhary S/O Indrasan Chaudhary R/O Vill.- Daudpur Chatty, P.S.- Daudpur, Dist.- Saran.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86824 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- DAUDPUR District- Saran ======================================================
Sri Ram Chaudhary S/O Indrasan Chaudhary R/O Vill.- Daudpur Chatty, P.S.- Daudpur, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Mirtunjay Kumar Tiwary, Advocate
For the Opposite Party/s :
Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 80 litres of liquor from a sack.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and he has no concern with the sack in question. It is further submitted that petitioner came to be implicated at the instance of the Chawkidar but then it is submitted that if Chawkidar was Patna High Court CR. MISC. No.86824 of 2025(2) dt.24-12-2025
aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Daudpur P.S. Case No. 217 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be Patna High Court CR. MISC. No.86824 of 2025(2) dt.24-12-2025
confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T