Patna High CourtCR. MISC./19340/2025bail granted

Subodh Chauhan v. The State Of Bihar

2025-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19340 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Subodh Chauhan Son of Rambalak Chauhan Resident of Village- Nadauara, P.s.- Nawada, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Nawada Excise P.S. Case No.237 of 2024, for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 530 litres of country-made liquor have been alleged to be made from beside the canal, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only on secret information. Counsel further submits that criminal antecedent of the petitioner is

Patna High Court CR. MISC. No.19340 of 2025(2) dt.16-04-2025 2/2 clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean and no ingredient of Excise Act has been made out against the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-2, Nawada in connection with Nawada Excise P.S. Case No.237 of 2024, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

7. In case, upon verification, it has been found by the trial court that the petitioner's antecedent is not clean, then his bail bond shall be cancelled.

(Dr. Anshuman, J.) Prakashmani/- U T