IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 41145 of 2026 Arising Out of PS. Case No.-456 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Rohit Kumar Choudhary S/o Awdesh Kumar Choudhary @ Avdesh Choudhary R/o Village - Tetri, P.S - Naugachia, District - Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Yadav For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-06-2026 Heard the parties. 2. Defects as pointed out by the office be ignored for the present. 3. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Gopalpur (Rangra) P.S. Case No. 456/2022 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 195.120 litres of IMFL/country made liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with the present recovery of illicit liquor only for the reason as he is the owner of the tempo from where illicit liquor was alleged to be recovered. It Patna High Court CR. MISC. No. 41145 of 2026(2) dt.23-06-2026 2/2 is further submitted that tempo is a public carrier and easily accessible by general public. It is submitted that recovery is not made from conscious physical possession of the petitioner, who is a man of clean antecedent. 6. Learned APP, opposes the prayer for bail. 7. In view of aforesaid facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Bhagalpur/concerned trial court where the case is pending in connection with Gopalpur (Rangra) P.S. Case No. 456/2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 41145 of 2026 Arising Out of PS. Case No.-456 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Rohit Kumar Choudhary S/o Awdesh Kumar Choudhary @ Avdesh Choudhary R/o Village - Tetri, P.S - Naugachia, District - Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Yadav For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-06-2026 Heard the parties. 2. Defects as pointed out by the office be ignored for the present. 3. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Gopalpur (Rangra) P.S. Case No. 456/2022 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 195.120 litres of IMFL/country made liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with the present recovery of illicit liquor only for the reason as he is the owner of the tempo from where illicit liquor was alleged to be recovered. It Patna High Court CR. MISC. No. 41145 of 2026(2) dt.23-06-2026 2/2 is further submitted that tempo is a public carrier and easily accessible by general public. It is submitted that recovery is not made from conscious physical possession of the petitioner, who is a man of clean antecedent. 6. Learned APP, opposes the prayer for bail. 7. In view of aforesaid facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Bhagalpur/concerned trial court where the case is pending in connection with Gopalpur (Rangra) P.S. Case No. 456/2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T