Mukesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12065 of 2025 Arising Out of PS. Case No.-461 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Mukesh Chauhan S/o Ramchandra Chauhan R/o Vill.- Gangri, P.S.- Pakribarawan, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shabina Talat, Advocate.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Shabina Talat, learned counsel appearing on behalf of the petitioner and Mr. Parmanand Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pakribarawan P.S. Case No. 461 of 2024 registered for the offence punishable under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of 10 litres of country made liquor and 200 litres of fermented Mahua jawa from near the canal.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to

Patna High Court CR. MISC. No.12065 of 2025(2) dt.28-03-2025 2/2 anyone.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada in connection with Pakribarawan P.S. Case No. 461 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T