Jatan Chauhan @ Manohar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3270 of 2025 Arising Out of PS. Case No.-755 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Jatan Chauhan @ Manohar Chauhan S/O Jaichand Chauhan Resident of village- Khurmabad, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Siwan Muffasil PS case no. 755 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that on 26.11.2024, police got secret information that two persons were coming from Kurmabad river along with one bag containing illicit liquor and they reached near the place of occurrence. Upon seeing the police party, both were trying to flee away but one person apprehended, who disclosed the name of the absconded person as the petitioner herein. On search of

Patna High Court CR. MISC. No.3270 of 2025(2) dt.20-02-2025 2/3 bag, total 12.150 liters of illicit liquor has been recovered. 4.

Learned Counsel for the petitioner submits that the petitioner is not having any criminal antecedent and his name transpires in this case on the basis of disclosure made by the apprehended co-accused. He further submits that the bag from where, illicit liquor has been recovered, does not belong to the petitioner. He also submits that the liquor has not been recovered from the conscious possession of the petitioner and/ or premises belonging to him.

5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from a bag which does not belong to the petitioner as also the fact that petitioner is having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Exclusive Special Excise Court No. II, Siwan in connection with Siwan Muffasil PS case no.

Patna High Court CR. MISC. No.3270 of 2025(2) dt.20-02-2025 3/3 755 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T