Mousam Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16423 of 2025 Arising Out of PS. Case No.-417 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Mousam Chouhan Son of Kanta Chouhan @ Kannta Chauhan Resident of village - Mokari, P.S.- Bhabua, Distt.- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 95.915 litres of liquor from an erickshaw.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized e-rickshaw and he came to be implicated

Patna High Court CR. MISC. No.16423 of 2025(2) dt.16-04-2025 2/3 based on confessional statement of Nitish in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Judge Excise-1, Kaimur at Bhabua in connection with Chainpur P. S. Case No.417 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is

Patna High Court CR. MISC. No.16423 of 2025(2) dt.16-04-2025 3/3 found that petitioner has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T