Shankar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15634 of 2025 Arising Out of PS. Case No.-651 Year-2024 Thana- DANAPUR District- Patna ====================================================== Shankar Chouhan S/O Chhathu Chouhan @ Chhathun Chauhan Resident of Village - Gobindpur @ Govindpur, Noniya Tola, P.O- Phulwari Sharif, P.SPhulwari Sharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2025 Heard Mr. Pranav Kumar Jha, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier the petitioner was granted anticipatory bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 71438 of 2024 with certain conditions, but due to bonafied mistake and no knowledge about one case pending against the petitioner, the petitioner could not be able to brought this fact before this Court at the time of hearing of the

Patna High Court CR. MISC. No.15634 of 2025(2) dt.05-03-2025 2/3 anticipatory bail application, therefore, the bail bonds have not been accepted by the Court concerned. Thereafter, the petitioner has preferred a modification application bearing Cr. Misc. No. 694 of 2025 which was dismissed by this Court.

4. As per the prosecution case, total 72 litres of country made liquor is said to have been recovered from the Scooty.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has one criminal antecedent and has been languishing in custody since 07.02.2025.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.15634 of 2025(2) dt.05-03-2025 3/3 Court below where the case is pending/successor Court in connection with Danapur P.S. Case No.651 of 2024. (Anjani Kumar Sharan, J) anand/- U T