Patna High CourtCR. MISC./16118/2025disposed

Mukesh Kumar Chauhan @ Mukesh Prasad Chauhan v. The State Of Bihar

2025-04-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16118 of 2025 Arising Out of PS. Case No.-157 Year-2023 Thana- ASANWA District- Siwan ====================================================== Mukesh Kumar Chauhan @ Mukesh Prasad Chauhan Son of Dinanath Mahto Resident of Village - Kabilsawa, P.S. - Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard the learned counsel for the petitioner as well as the learned APP for the State; Sri Jharkhandi Upadhyay.

2. The petitioner apprehends his arrest in connection with Asawn P.S. Case No. 157 of 2023 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. There is recovery of 45 liters of illicit liquor from the vehicle in question.

4. The petitioner will file an application before the Superintendent of Police, Siwan in view of his submission that the motorcycle in question was sold by him in the year 2021.

5. If any such application is filed before the Superintendent of Police, Siwan by the petitioner within one week from today then the Superintendent of Police, Siwan will

Patna High Court CR. MISC. No.16118 of 2025(2) dt.02-04-2025 2/2 get the matter verified as to whether the motorcycle in question was sold by the petitioner in the year 2021 or not. If the police finds that the motorcycle was sold and was not transferred then the petitioner shall not be arrested. If it is found that the story made out by the petitioner is false then the petitioner shall face the consequences.

6. For the next four weeks, no coercive steps shall be taken against the petitioner by the police in which the police may further investigate the matter on the application of the petitioner.

7. If the petitioner does not file any application within one week, the protection granted to the petitioner shall automatically be withdrawn.

8. In view of the aforesaid, this application is disposed off.

(Sandeep Kumar, J) Shishir/- U T